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| SY > SEC Filings for SY > Form 8-K on 29-Jan-2009 | All Recent SEC Filings |
29-Jan-2009
Results of Operations and Financial Condition
(2) Condensed Consolidated Statements of Income (unaudited) for the three and twelve months ended December 31, 2008 and 2007, respectively
(3) Reconciliation of Non-GAAP Results to GAAP Results for selected items for the three and twelve months ended December 31, 2008 and 2007, respectively
(4) Condensed Consolidated Statements of Cash Flows (unaudited) for the twelve months ended December 31, 2008 and 2007, respectively
(5) Consolidated Statement of Operations by Segment for the three months ended December 31, 2008 (unaudited)
(6) Consolidated Statement of Operations by Segment for the twelve months ended December 31, 2008 (unaudited)
(7) Reconciliation of Non-GAAP Results to GAAP Results for selected segment items for the three and twelve months ended December 31, 2008 and 2007, respectively
(8) Reconciliation of GAAP-based EPS to Non-GAAP EPS for the three months ended March 31, 2009 (unaudited)
(9) Reconciliation of GAAP-based EPS to Non-GAAP EPS for the twelve months ended December 31, 2009 (unaudited)
(10) Consolidated Statement of Operations - New Segment Format for the twelve months ended December 31, 2008 and December 31, 2007 (unaudited)
(b) On the same date, the Company orally disclosed certain of the
above-referenced pro forma and GAAP amounts, and provided pro forma and GAAP
financial guidance for the three months ending March 31, 2009 and twelve months
ending December 31, 2009 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 Q4
2008 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 the Company's 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 the Company's website where the information would be available.
(c) In accordance with General Instruction B.2 of Form 8-K, the information included the Q4 2008 Release (other than the tables referenced in Item 2.02(a)(1), (2), (4), (5), (6) and (10) shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject
to the liability of that section, and shall not be incorporated by reference
into any registration statement or other document filed under the Securities Act
of 1933, as amended, or the Exchange Act, except as shall be expressly set forth
by specific reference in such filing.
Item 9.01 Financial Statements and Exhibits
(c) Exhibits
Exhibit No. Description
99.1 Press Release of Sybase, Inc. issued January 28, 2009
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