-----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, SP0u/NMrzRGoxmnDEPRNN3RoLxdjFZwTth6VUrSC6Xl5DJOcjpCUb1QXFvTnARYH MErToFASBTJmUlSXJdexvg== 0000891092-04-000101.txt : 20040109 0000891092-04-000101.hdr.sgml : 20040109 20040109113605 ACCESSION NUMBER: 0000891092-04-000101 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040109 ITEM INFORMATION: FILED AS OF DATE: 20040109 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ABAXIS INC CENTRAL INDEX KEY: 0000881890 STANDARD INDUSTRIAL CLASSIFICATION: IN VITRO & IN VIVO DIAGNOSTIC SUBSTANCES [2835] IRS NUMBER: 770213001 STATE OF INCORPORATION: CA FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-19720 FILM NUMBER: 04516985 BUSINESS ADDRESS: STREET 1: 3240 WHIPPLE STREET 2: ROAD CITY: UNION CITY STATE: CA ZIP: 94587 BUSINESS PHONE: (510) 675-6500 MAIL ADDRESS: STREET 1: 3240 WHIPPLE STREET 2: ROAD CITY: UNION CITY STATE: CA ZIP: 94587 8-K 1 e16574_8k.txt FORM 8-K 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): January 9, 2004 ABAXIS, INC. (Exact name of registrant as specified in its charter) California 000-19720 77-0213001 (State or other jurisdiction of (Commission File Number) (I.R.S. Employer) incorporation or organization) Identification No.) 3240 Whipple Road, Union City, CA 94587 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (510) 675-6500 ------------------------------------------------------ (Former name or address, if changes since last report) Item 11. Abaxis, Inc. has decided to change the trustee for the ABAXIS Tax Deferral Savings Plan. Such a change requires a blackout period as defined in Rule 100 of Regulation BTR. On January 6, 2004, Abaxis, Inc. received notice from the ABAXIS Tax Deferral Savings Plan regarding the blackout period. The notice required by Rule 104 of Regulation BTR was sent to directors and executive officers by Abaxis, Inc. on January 9, 2004. A copy of the notice is attached as Exhibit 99.1. Exhibit No. Description - ----------- ----------- 99.1 Notice to Directors and Executive Officers Dated January 9, 2004. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Dated this 9th day of January, 2004. Abaxis, Inc. By: /s/ Alberto Santa Ines ------------------------------ Alberto Santa Ines Chief Financial Officer INDEX TO EXHIBITS Exhibit No. Description - ----------- ----------- 99.1 Notice to Directors and Executive Officers Dated January 9, 2004. EX-99.1 3 e16574ex99_1.txt NOTICE TO DIRECTORS AND OFFICERS Exhibit 99.1 [LOGO] ABAXIS MEMORANDUM TO: Members of the Board of Directors and Section 16 Officers FROM: Zara Thomas, Corporate Secretary DATE: January 9, 2004 RE: ABAXIS Tax Deferral Savings Plan Blackout Period Notice - -------------------------------------------------------------------------------- Pursuant to the requirements of Section 306(a) of the Sarbanes-Oxley Act of 2002 and SEC Regulation BTR, this memorandum is to notify you of a trading restriction that must be imposed as a result of an impending blackout period in connection with a planned change in the trustee for the ABAXIS Tax Deferral Savings Plan (the "Plan"). We will be notifying the Securities and Exchange Commission regarding this blackout. The equity security subject to the blackout period is the common stock of Abaxis, Inc., as held as an investment in the Plan. Whether or not you participate in the Plan, your ability to exercise and/or receive stock options or otherwise trade in Abaxis common stock held outside of the Plan will be restricted during the blackout period. Specifically, you shall be prohibited from directly or indirectly purchasing, selling, acquiring or transferring any equity or derivative security that you acquired in connection with service or employment as a director or employee of Abaxis. The blackout period will begin on: February 9, 2004 The blackout period is expected to end on: February 20, 2004 You will be notified directly in the event that there are changes to these dates. This restriction does not apply to securities of Abaxis that were not acquired in connection with your service as a director or employee. However, you should not that there is a rebuttable presumption that any securities sold during a blackout period are not exempt from the rule (i.e., you will bear the burden of proving that the securities were not "acquired in connection with service or employment"). In addition, the SEC's rules provide a limited number of exemptions from the trading restriction, most notably these include bona fide gift transactions and purchases or sales under qualified "10b5-1 plans." We strongly recommend that you consult with us before entering into any transaction in Abaxis common stock during the blackout period. Once this blackout period ends, you will be permitted to resume transactions in Abaxis common stock subject to the requirements of the Abaxis, Inc. Insider Trading Policy. Questions regarding the blackout period may be directed to: Zara Thomas Corporate Secretary, Abaxis 510-675-6502 -----END PRIVACY-ENHANCED MESSAGE-----