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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): January 8, 2001
AVAYA INC.
(Exact name of registrant as specified in its charter)
Delaware 1-15951 22-3713430
(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
211 Mount Airy Road
Basking Ridge, NJ 07920
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (908) 953-6000
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ITEM 7(c). EXHIBITS.
99.1 Press release, dated January 8, 2001.
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ITEM 9. REGULATION FD DISCLOSURE
On January 8, 2001, Donald K. Peterson, Vice Chairman, President and
Chief Executive Officer of Avaya Inc., a Delaware corporation (the "Company"),
in a presentation to the Morgan Stanley Dean Witter Internet, Software &
Networking Conference in Scottsdale, Arizona, noted that the Company has
revised its target for earnings per share on a diluted basis for fiscal 2001
from $1.23 to $1.27. Mr. Peterson also confirmed the following previously
disclosed targets of the Company for fiscal 2001:
- revenue growth of mid single digits;
- more than doubling net income; and
- depreciation, amortization and capital expenditures of
$123 million, $60 million and $170 million, respectively.
Each of the above targets, including the earnings per share target referred to
in the first sentence of this paragraph, exclude one time start-up expenses and
the effects of the proposed acquisition described in the press release attached
as Exhibit 99.1 hereto.
Note: the information in this current report (including the exhibit) is
furnished pursuant to Item 9 and shall not be deemed to be "filed" for the
purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise
subject to the liabilities of that Section. This report will not be deemed an
admission as to the materiality of any information in the report that is
required to be disclosed solely by Regulation FD.
This current report contains forward-looking statements based on current
expectations, forecasts and assumptions that involve risks and uncertainties
that could cause actual outcomes and results to differ materially. These risks
and uncertainties include, but are not limited to, price and product
competition, rapid technological development, dependence on new product
development, the mix of our products and services, customer demand for our
products and services, the ability to successfully integrate acquired companies,
control of costs and expenses, the ability to form and implement alliances,
international growth, U.S. and foreign government regulation, general industry
and market conditions and growth rates and general domestic and international
economic conditions including interest rate and currency exchange rate
fluctuations. For a further list and description of such risks and
uncertainties, see the other reports filed by the Company with the Securities
and Exchange Commission. The Company disclaims any intention or obligation to
update or revise any forward-looking statements, whether as a result of new
information, future events or otherwise.
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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.
AVAYA INC.
Date: January 8, 2001 By: /s/ Garry K. McGuire Sr.
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Name: Garry K. McGuire Sr.
Title: Chief Financial Officer
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EXHIBIT INDEX
Exhibit No. Description
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99.1 Press release, dated January 8, 2001
