- Current report filing (8-K)
October 28 2009 - 5:15PM
Edgar (US Regulatory)
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):
October 28,
2009
FALCONSTOR
SOFTWARE,
INC.
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(Exact
name of registrant as specified in its charter)
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(State
or other jurisdiction
of
incorporation)
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(Commission
File
Number)
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(IRS
Employer
Identification
No.)
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2
Huntington Quadrangle, Melville, New
York
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant’s
telephone number, including area code:
631-777-5188
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(Former
name or former address, if changed since last
report.)
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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):
¨
Written communications
pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨
Soliciting material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
¨
Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item
7.01 Regulation
FD Disclosure
On October 28, 2009, during its third
quarter 2009 earnings conference call, the Company stated that its target is to
come in near the lower end of its previously announced guidance. The
lower end of the guidance was $96 million in revenue and $0.18 earnings per
share. The earnings per share estimate excludes stock option
expense.
SIGNATURE
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.
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FALCONSTOR
SOFTWARE, INC.
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Dated: October
28, 2009
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By:
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Name:
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James
Weber
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Title:
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Chief
Financial Officer and Vice
President
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FalconStor Software (PK) (USOTC:FALC)
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