8-K 1 d8k.htm FORM 8-K Form 8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, DC 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)

June 1, 2007

 


TIBCO Software Inc.

(Exact name of registrant as specified in its charter)

 


 

Delaware   000-26579   77-0449727

(State or other jurisdiction

of incorporation)

  (Commission File Number)  

(IRS Employer

Identification No.)

3303 Hillview Avenue

Palo Alto, California 94304-1213

(Address of principal executive offices, including zip code)

(650) 846-1000

(Registrant’s telephone number, including area code)

Not Applicable

(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:

 

¨ 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 1.01. Entry into a Material Definitive Agreement

On June 1, 2007, TIBCO Software Inc. (“TIBCO”) entered into an amendment to the Promissory Note, in the original principal sum of $54,000,000, in favor of Sunamerica Life Insurance Company amending the interest to a rate of 5.50% per annum.

 

Item 2.01. Completion of Acquisition or Disposition of Assets

On June 5, 2007, pursuant to an Agreement and Plan of Merger dated as of April 30, 2007 (the “Merger Agreement”) by and among TIBCO, Thunderbolt Acquisition Corp., a Delaware corporation and wholly owned subsidiary of TIBCO (“Merger Subsidiary”), and Spotfire Holdings, Inc., a Delaware corporation (“Spotfire”), TIBCO acquired all the outstanding equity of Spotfire, a leading provider of next-generation business intelligence software, for approximately $195 million. The acquisition was completed through the merger of Merger Subsidiary with and into Spotfire (the “Merger”), with Spotfire becoming a wholly owned subsidiary of TIBCO.

 

Item 9.01. Financial Statements and Exhibits

 

(d) Exhibits.

 

Exhibit No.  

Description

99.1   Press Release of TIBCO Software Inc. dated June 6, 2007.


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.

 

TIBCO Software Inc.
By:  

/s/ William R. Hughes

 

William R. Hughes

Executive Vice President, General Counsel and Secretary

Date: June 6, 2007


EXHIBIT INDEX

 

Exhibit No.

 

Description

99.1

  Press Release of TIBCO Software Inc. dated June 6, 2007.