<PAGE> 1
================================================================================
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 5, 1999
-------------------
BMC SOFTWARE, INC.
(Exact name of registrant as specified in its charter)
<TABLE>
<S> <C> <C>
DELAWARE 0-17136 74-21226120
(State or other jurisdiction (Commission File Number) (I.R.S. Employer Identification No.)
of incorporation or organization)
2101 CITY WEST BOULEVARD
HOUSTON, TEXAS 77042-2827
(Address of principal executive offices) (Zip code)
</TABLE>
Registrant's telephone number, including area code: (713) 918-8800
================================================================================
<PAGE> 2
Item 5. Other Events.
On January 5, 1999, BMC Software, Inc., a Delaware corporation
("BMC"), issued a press release addressing further developments in the ongoing
litigation among Platinum technology, inc. ("Platinum"), Boole & Babbage, Inc.
and BMC, a copy of which is attached hereto as Exhibit 99.1 and is incorporated
herein by reference. Based on Platinum's press release issued on January 5,
1999, BMC understands that Platinum is now seeking damages of at least $30
million from Boole & Babbage for breach of contract and that Platinum has
dropped all claims against BMC.
Item 7. Financial Statements and Exhibits.
(c) Exhibits.
99.1 Press Release of BMC Software, Inc. dated January 5, 1999.
<PAGE> 3
SIGNATURE
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.
BMC SOFTWARE, INC.
Date: January 8, 1999 By: /s/ M. Brinkley Morse
---------------------------------------------
Name: M. Brinkley Morse
Title: Senior Vice President
<PAGE> 4
EXHIBIT INDEX
Exhibit
Number Description
------ -----------
99.1 Press Release of BMC Software, Inc. dated January 5, 1999.
<PAGE> 1
EXHIBIT 99.1
Company Press Release
PLATINUM TECHNOLOGY INC. ABANDONS CLAIMS AGAINST BMC SOFTWARE INC.
HOUSTON--(BUSINESS WIRE)--Jan. 5, 1999--BMC Software Inc. (Nasdaq:BMCS
- - news) announced today that Platinum technology inc. has advised BMC Software
that Platinum will abandon all claims against BMC Software in Platinum's
lawsuit against BMC Software and Boole & Babbage Inc. The lawsuit is pending in
Circuit Court of the Eighteenth Judicial Circuit Chancery Division, Dupage
County, Wheaton, Ill.
Platinum has also withdrawn its Complaint for Preliminary and
Permanent Injunctive Relief, which sought to enjoin BMC Software and Boole &
Babbage from proceeding with their merger and to obtain a new 120 day period
during which Platinum could negotiate exclusively to acquire Boole & Babbage.
Platinum has canceled the scheduled Jan. 6, 1999 hearing on Platinum's motion
for an injunction.
BMC Software understands that Platinum intends to amend its Complaint
to seek only money damages from Boole & Babbage. Platinum recently filed under
seal a motion for leave to amend its Complaint, and the Court has set a hearing
for Jan. 22, 1999 on this motion. Boole & Babbage is filing a counterclaim
against Platinum challenging its assertions.
Company Background
BMC Software Inc. is the leader in delivering Application Service
Assurance (ASA(TM)) solutions -- enterprise- level software that supports and
improves the availability, performance and recovery of critical applications
and data in complex computing environments. BMC Software is the world's 12th
largest independent software vendor, a Forbes 500 company and a member of the
S&P 500, with revenues exceeding $730 million in fiscal 1998. The company is
headquartered in Houston, Texas, with offices worldwide. For more information,
please call 800/841-2031 or 713/918-8800 or visit BMC Software on the Web at
www.bmc.com.
To the extent there are any forward-looking statements in this
release, they are necessarily subject to uncertainties based on various
factors, including business conditions in BMC Software and Boole and Babbage's
markets, product release cycles, and competitive conditions. Further
information on potential factors which could affect the Companies' financial
results are included in their current Forms 10-K and 10-Q reports, which are on
file with the SEC.
BMC Software, the BMC Software logo, and Boole and Babbage are
registered trademarks or trademarks of BMC Software Inc. and Boole and Babbage
Inc. in the USA and in other select countries. (TM) indicates USA registration
or USA trademark. Other logos and product/trade names mentioned are registered
trademarks or trademarks of their respective companies. BMC Software and Boole
and Babbage are Equal Opportunity Employers.
<PAGE> 2
Contact:
BMC Software Inc., Houston
Dan D'Armond, 713/918-2372 (Media Relations)
[email protected]
or
John Cox, 713/918-4291 (Investor Relations)
[email protected]
