-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, VugUx1VmDl0+yMOrmc4e+nqA5FQfQCb+7oCqIsaOnwOHR32Ra7Nk8F63MKaNU7xC a6zqUD1mnz7MxSpij7viCw== 0001104659-08-073994.txt : 20081201 0001104659-08-073994.hdr.sgml : 20081201 20081201170143 ACCESSION NUMBER: 0001104659-08-073994 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20081201 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20081201 DATE AS OF CHANGE: 20081201 FILER: COMPANY DATA: COMPANY CONFORMED NAME: VITESSE SEMICONDUCTOR CORP CENTRAL INDEX KEY: 0000880446 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 770138960 STATE OF INCORPORATION: DE FISCAL YEAR END: 0908 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-31614 FILM NUMBER: 081222990 BUSINESS ADDRESS: STREET 1: 741 CALLE PLANO CITY: CAMARILLO STATE: CA ZIP: 93012 BUSINESS PHONE: 8053883700 MAIL ADDRESS: STREET 1: 741 CALLE PLANO CITY: CAMARILLO STATE: CA ZIP: 93012 8-K 1 a08-29349_28k.htm 8-K

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

Form 8-K

 

CURRENT REPORT

 

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported): December 1, 2008

 

VITESSE SEMICONDUCTOR CORPORATION

(Exact name of issuer as specified in its charter)

 

Delaware

(State or other jurisdiction of incorporation)

 

1-31614

 

77-0138960

(Commission File Number)

 

(IRS Employer Identification No.)

 

741 Calle Plano

Camarillo, California 93012

(Address of Principal Executive Offices)

 

Registrant’s telephone number, including area code (805) 388-3700

 

N/A

(Former Name or Former Address, if Changed Since Last Report.)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

o

 

Written communications pursuant to Rule 425 under the Securities Act

 

 

 

o

 

Soliciting material pursuant to Rule 14a-12 under the Exchange Act

 

 

 

o

 

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act

 

 

 

o

 

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act

 

 

 



 

Item 8.01                                             Other Events

 

On December 1, 2008, Vitesse Semiconductor Corporation (“Vitesse”) issued a press release to update investors about the filing of its quarterly reports on Form 10-Q for the fiscal quarters ended December 31, 2007, March 31, 2008, and June 30, 2008, as well as the filing of its annual report on Form 10-K for the fiscal year ended September 31, 2008.  A copy of this press release is attached as Exhibit 99.1 and is incorporated herein.

 

The information contained in this Current Report shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.

 

Item 9.01               Financial Statements and Exhibits

 

(d) Exhibits

 

 

99.1

 

Text of press release issued by Vitesse Semiconductor Corporation dated December 1, 2008.

 

This 8-K includes forward-looking statements.  Although Vitesse believes that its expectations are based on reasonable assumptions, it can give no assurance that such assumptions will materialize. Important factors that could cause actual results to differ materially from those in the forward-looking statements herein are enumerated in Vitesse’s Forms 10-K and 10-Q as filed with the Securities and Exchange Commission.  Vitesse assumes no obligation to publicly update or revise any forward-looking statements made herein or any other forward-looking statements made by Vitesse, whether as a result of new information, future events, or otherwise.

 



 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Dated: December 1, 2008

 

 

 

 

VITESSE SEMICONDUCTOR CORPORATION

 

 

 

 

 

By:

/s/ MICHAEL B. GREEN

 

 

Michael B. Green

 

 

Vice President, General Counsel and
Secretary

 



 

EXHIBIT INDEX

 

Exhibit No.

 

Description

99.1

 

Text of press release issued by Vitesse Semiconductor Corporation dated December 1, 2008.

 


EX-99.1 2 a08-29349_2ex99d1.htm EX-99.1

Exhibit 99.1

 

NEWS

 

For Immediate Release

 

 

 

 

 

 

 

Editorial Contact:

 

 

Rich Yonker

 

 

Vitesse

 

 

+1.805.388.3700

 

Vitesse Extends Completion Date for Filing First, Second, and Third Quarter 2008 Financials

 

CAMARILLO, Calif. — December 1, 2008 — Vitesse Semiconductor Corporation (Pink Sheets: VTSS.PK) today announced that it will need additional time to complete the review of its quarterly financial results for fiscal 2008 and to file quarterly reports on Form 10-Q for the periods ended December 31, 2007, March 31, 2008 and June 30, 2008 (the “Forms 10-Q”).  The Company intends to complete the review of its fiscal 2008 quarterly financial results and to file the Forms 10-Q as well as an annual report on Form 10-K for the fiscal year ended September 30, 2008 with the U.S. Securities and Exchange Commission on or before December 30, 2008.

 

Vitesse plans to conduct an investor conference call and webcast after the filing of its fiscal year 2008 Form 10-K. Details for the call will be announced in a news release.

 

About Vitesse

 

Vitesse designs, develops and markets a diverse portfolio of high-performance, cost-competitive semiconductor solutions for Carrier and Enterprise Ethernet networks worldwide. Engineering excellence and dedicated customer service distinguish Vitesse as an industry leader in Gigabit Ethernet LAN, Ethernet-over-SONET, Fibre Channel, Optical Transport, and other applications. Vitesse innovation empowers customers to deliver superior products for Enterprise, Access, Metro, and Core applications. Additional company and product information is available at www.vitesse.com.

 

# # #

 

Vitesse is a registered trademark in the United States and/or other jurisdictions of Vitesse Semiconductor Corporation. All other trademarks or registered trademarks mentioned herein are the property of their respective holders.

 

Safe Harbor

 

Statements made in this release that are not historical facts are “forward-looking” statements (as defined in the Private Securities Litigation Reform Act of 1995) that involve risks and uncertainties and are subject to change at any time. These forward-looking statements may include, but are not limited to, statements containing words such as “anticipate,” “believe,” “plan,” “estimate,” “expect,” “hope,” “intend,” and similar expressions. Factors that could cause actual results to differ are identified in the public filings made by Vitesse with the Securities and Exchange Commission and include the fact that we have disclosed that you should not rely upon our published financial statements and the fact that we have not filed all of our reports required by the Securities Exchange Act of 1934. More information on factors that could affect our business and financial results are included in our public filings made with the Securities and Exchange Commission, which are available on the web site of the Securities and Exchange Commission, www.sec.gov.

 



 

Vitesse Extends Completion Date for Filing First, Second, and Third Quarter 2008 Financials

2-2-2

 

The forward-looking statements involve known and unknown risks, uncertainties and other factors that are, in some cases, beyond our control. We caution investors that any forward-looking statements made by us are not guarantees of future performance, including, but not limited to, the risks that the recently announced proposed settlement of certain lawsuits against the Company will not be completed or approved by the court, that any court approval will be successfully reversed on appeal, or that the settlement agreement is terminated or cancelled under its terms. We disclaim any obligation to update any such factors or to announce publicly the results of any revisions to any of the forward-looking statements to reflect future events or developments.

 


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