Current Report on 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): January 16, 2008

 


Sun Microsystems, Inc.

(Exact name of registrant as specified in its charter)

 


 

Delaware   0-15086   94-2805249

(State or other jurisdiction

of incorporation)

  (Commission File Number)  

(IRS Employer

Identification No.)

 

4150 Network Circle

Santa Clara, California

  95054-1778
(Address of Principal Executive Offices)   (Zip Code)

(650) 960-1300

(Registrant’s telephone number, including area code)

N/A

(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 2.02. Results of Operations and Financial Condition

This information shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.

On January 16, 2008, Sun Microsystems, Inc. (“Sun”) issued a press release regarding Sun’s preliminary financial results for the fiscal quarter ended December 30, 2007. The full text of Sun’s press release is attached hereto as Exhibit 99.1.


Item 9.01. Financial Statements and Exhibits

(d) Exhibits

The following exhibit is filed herewith:

 

Exhibit
Number
  

Description

99.1    Text of press release issued by Sun Microsystems, Inc., dated January 16, 2008, titled “Sun Microsystems Reports Preliminary Results for Second Quarter Fiscal Year 2008.”


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: January 16, 2008

 

SUN MICROSYSTEMS, INC.

By:

 

/s/ Craig D. Norris

 

Craig D. Norris

Vice President, Corporate Law