8-K 1 f98117e8vk.htm 8-K e8vk
Table of Contents



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:

April 2, 2004
(Date of earliest event reported)

SYBASE, INC.

(Exact name of registrant as specified in its charter)
         
Delaware   0-19395   94-2951005
(State or other jurisdiction of
incorporation or organization)
  (Commission File Number)   (I.R.S. Employer
Identification Number)

One Sybase Drive
Dublin, CA 94568
(Address of principal executive offices)

Registrant’s telephone number, including area code: (925) 236-5000



 


TABLE OF CONTENTS

Item 7. Financial Statements and Exhibits
Item 12. Results of Operations and Financial Condition
SIGNATURE
EXHIBIT INDEX
Exhibit 99.1


Table of Contents

Item 7. Financial Statements and Exhibits

(c) Exhibits

     
Exhibit No.
  Description
99.1
  Press Release of Sybase, Inc. issued April 2, 2004

Item 12. Results of Operations and Financial Condition

     (a) On April 2, 2004, Sybase, Inc. issued a press release pre-announcing its results for the three months ended March 31, 2004 (“Q1 2004 Pre-release”), a copy of which is furnished as Exhibit 99.1 and incorporated herein by reference. As part of the Q1 2004 Pre-release, Sybase presented certain unaudited financial information, including the following:

  (1)   Reconciliation of GAAP-based EPS to Pro Forma EPS for the three months ended March 31, 2004, and
 
  (2)   Reconciliation of GAAP-based EPS to Pro Forma EPS for the twelve months ended December 31, 2004

     (b) On the same date, the Company orally disclosed the above-referenced pro forma and GAAP financial guidance for the first quarter and full year 2004 during a webcast and conference call meeting all of the following requirements:

  (1)   The information was provided as part of a presentation that was complementary to and occurred within 48 hours of publication of the Q1 2004 Pre-release ;
 
  (2)   The presentation was broadly accessible to the public by dial-in conference call and webcast;
 
  (3)   The financial and other statistical information contained in the presentation was available on our external website together with information required under Section 244.100 of Regulation G at the time of the conference call and webcast; and
 
  (4)   The presentation was announced by widely disseminated press release that included instructions as to when and how to access the presentation and the location on our website where the information would be available.

SIGNATURE

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

         
    SYBASE, INC.
 
       
Date: April 13, 2004
  By:   /s/ TERESA D. CHUH
     
 
      Name: Teresa D. Chuh
Title: Vice President and Associate General Counsel

 


Table of Contents

EXHIBIT INDEX

     
Exhibit No.
  Description
99.1
  Press Release of Sybase, Inc. issued April 2, 2004