EXTR 8K August 27, 2012
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
Date of report (date of earliest event reported):
August 27, 2012
EXTREME NETWORKS, INC.
(Exact name of registrant as specified in its charter)
(State or other jurisdiction of incorporation)
(Commission File No.)
(I.R.S. Employer Identification No.)
3585 Monroe Street
Santa Clara, California 95051
(Address of principal executive offices)
Registrant's telephone number, including area code:
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))
On August 27, 2012 in response to a request from Starboard Value and Opportunity Fund Ltd (“Starboard”), the Board of Directors of Extreme Networks, Inc. (the “Company”) granted an exemption to Starboard under the Amended and Restated Rights Agreement, dated as of April 26, 2012, between the Company and Computershare Shareholder Services LLC, as amended through the date hereof (the “Rights Agreement”), to acquire beneficial ownership of additional shares of the common stock of the Company, provided that in each case (i) the acquisition results in beneficial ownership by Starboard of no more than 15.0% of the outstanding common stock of the Company, including existing holdings, and (ii) any acquisition must be made on or prior to April 30, 2013, the date on which the Rights Agreement terminates in accordance with its terms.
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: August 27, 2012
EXTREME NETWORKS, INC.
/s/ DIANE HONDA
Vice President, General Counsel & Secretary