Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

On October 8, 2009, the Board of Directors of BMC Software, Inc. (the "Company") approved resolutions authorizing the Company to voluntarily withdraw the Company's common stock from listing on the New York Stock Exchange ("NYSE") and to apply for listing of the Company's common stock on the NASDAQ. The Company's common stock was approved for listing on the NASDAQ Global Select Market ("NASDAQ"). The Company has provided written notice to the NYSE that the Company intends to voluntarily cease trading on the NYSE and transfer its listing to the NASDAQ, effective October 26, 2009.

A copy of the Company's press release is attached hereto as Exhibit 99.

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