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): December 3, 2008
ELECTRO SCIENTIFIC INDUSTRIES, INC.
(Exact name of registrant as specified in its charter)
| OREGON | 0-12853 | 93-0370304 | ||
| (State or other jurisdiction of incorporation) |
(Commission File Number) |
(IRS Employer Identification No.) |
| 13900 NW Science Park Drive, Portland, Oregon | 97229 | |
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code: (503) 641-4141
No Change
(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:
| ¨ | 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)) |
ELECTRO SCIENTIFIC INDUSTRIES, INC.
FORM 8-K
| Item |
Description |
Page | ||
| Item 8.01 |
Other Events | 2 | ||
| Item 9.01 |
Financial Statements and Exhibits | 2 | ||
| 3 | ||||
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| Item 8.01 | Other Events |
On December 3, 2008, Electro Scientific Industries, Inc. (ESI) announced that the Federal Trade Commission has granted early termination of the waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, with respect to the previously announced merger agreement among ESI, its wholly owned subsidiary Zirkon Merger Sub, LLC and Zygo Corporation. A copy of the press release is attached as exhibit 99.1 hereto.
| Item 9.01 | Financial Statements and Exhibits |
(d) Exhibits
The following exhibits are filed herewith and this list is intended to constitute the exhibit index:
| Exhibit Number |
Exhibit Title | |
| 99.1 | Press Release, dated December 3, 2008 | |
2
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: December 3, 2008.
| Electro Scientific Industries, Inc. | ||
| (Registrant) | ||
| By: | /s/ Kerry Mustoe | |
| Name: | Kerry Mustoe | |
| Title: | Vice President, Corporate Controller, and Chief Accounting Officer | |
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