EXTR 8-K 10.16.13


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 16, 2013

EXTREME NETWORKS, INC.
(Exact name of registrant as specified in its charter)

 
 
 
 
 
Delaware
 
000-25711
 
77-0430270
(State or other jurisdiction of incorporation)
 
(Commission File No.)
 
(I.R.S. Employer Identification No.)

145 Rio Robles
San Jose, California 95134

(Address of principal executive offices)

Registrant's telephone number, including area code:
(408) 579-2800

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 (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 8.01 Other Events

On October 16, 2013, Extreme Networks, Inc. issued a press release announcing the expiration of the waiting period under the Hart-Scott-Rodino Act for its proposed transaction with Enterasys Networks Holdings, Inc., a copy of which is furnished as Exhibit 99.1 to this Current Report on Form 8-K.

Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
99.1    Press Release of Extreme Networks, Inc.





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.
Date: October 16, 2013
EXTREME NETWORKS, INC.
 
 
 
 
 
 
 
By:
/s/ ALLISON AMADIA
 
 
Allison Amadia
 
 
Vice President, General Counsel, and Corporate Secretary
 
 
 
 
 
 
 
 
 
 



EXTR 8-K 10.16.13 Ex 99.1






FOR IMMEDIATE RELEASE
For more information, contact:
Extreme Networks Public Relations
Gregory Cross
Tel: 408 579 3483
gcross@extremenetworks.com

Extreme Networks Announces Expiration of Hart-Scott-Rodino Waiting Period in Connection With Proposed Transaction with Enterasys Networks Holdings, Inc.
SAN JOSE, Calif.; Oct 16, 2013 -- Extreme Networks, Inc. (Nasdaq: EXTR) today announced that the waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”), expired at 11:59PM EST on October 15, 2013. The expiration of the waiting period is in connection with the previously announced transaction with Enterasys Networks Holdings, Inc.
As announced on September 12, 2013, Extreme Networks entered into a definitive agreement to acquire all of the outstanding stock of Enterasys in an all cash transaction valued at $180 million. Compliance with the HSR Act represents the completion of a significant closing condition for the transaction. Although the transaction remains subject to additional customary closing conditions, with few conditions remaining, Extreme Networks anticipates that the transaction will close in early November, 2013.

About Extreme Networks, Inc.
Extreme Networks is a leader in high-performance Ethernet switching for cloud, data center and mobile networks.  Based in San Jose, CA, Extreme Networks has more than 6,000 customers in more than 50 countries.  For more information, visit http://extremenetworks.com

Statements made in this release regarding the Company's expectations with respect to the closing of the transaction with Enterasys Networks Holdings, Inc. are "forward-looking" statements (as defined in the Private Securities Litigation Reform Act of 1995) that involve risks and uncertainties and are subject to change at any time, including obtaining transaction financing as previously announced, although obtaining such financing is not a condition to the closing of the transaction, and the fulfillment of the closing conditions of each of the parties.

More information about potential factors that could affect Extreme Networks' ability to consummate a transaction with Enterasys Networks Holdings, Inc., as well as the outcome of this business combination is included in its filings with the Securities and Exchange Commission, including, without limitation, a Current Report on Form 8-K filed previously to announce the proposed transaction, as well as disclosure in the Extreme Networks’ quarterly and annual reports under the captions: "Management's Discussion and Analysis of Financial Condition and Results of Operations," and "Risk Factors," which are on file with the Securities and Exchange Commission. Except as required under the U.S. federal securities laws and





the rules and regulations of the SEC. Extreme Networks disclaims any obligation to update any forward-looking statements after the date of this release, whether as a result of new information, future events, developments, changes in assumptions or otherwise.

Extreme Networks, and the Extreme Networks logo, ExtremeXOS, Summit and Ridgeline are trademarks or registered trademarks of Extreme Networks, Inc. in the United States and/or other countries. All other names are the property of their respective owners.