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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 8-K/A
AMENDMENT NO. 1 TO FORM 8-K FILED ON AUGUST 20, 2004
CURRENT REPORT PURSUANT
TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of report (Date of earliest event reported) OCTOBER 25, 2004
DATAWATCH CORPORATION
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(Exact Name of Registrant as Specified in Its Charter)
DELAWARE
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(State or Other Jurisdiction of Incorporation)
000-19960 02-0405716
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(Commission File Number) (IRS Employer Identification No.)
175 CABOT STREET, SUITE 503
LOWELL, MASSACHUSETTS 01854
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(Address of Principal Executive Offices) (Zip Code)
(978) 441-2200
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(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))
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INFORMATION TO BE INCLUDED IN THE REPORT
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.
(a) Financial Statements of Business Acquired.
The undersigned registrant is unable to file either the
audited or unaudited financial information required by
Item 9.01 at this time, and is excluding such required
financial information in reliance on Rule 12b-21,
promulgated under the Securities Exchange Act of 1934.
The Company is waiting for information, representations
and confirmations from unrelated third parties to
complete the audit or review, as applicable, of the
required financial statements. Without such information,
representations and confirmations, the Company's audit
firm is unable to render an opinion on the required
financial statements. Requests have been made to the
unrelated third parties to obtain the required
information, representations and confirmations, and the
Company is working with the third parties to expedite
the delivery of the required documents. It is
anticipated that the required documents will ultimately
be provided and the audit will be completed. The
required financial information will be filed promptly
after such information and confirmations are ascertained
by the registrant.
(b) Pro Forma Financial Information.
The undersigned registrant is unable to file the pro
forma financial information required by Item 9.01 at
this time, and is excluding such required pro forma
financial information in reliance on Rule 12b-21,
promulgated under the Securities Exchange Act of 1934.
The Company is waiting for information, representations
and confirmations from unrelated third parties to
complete the review of the required pro forma financial
information. Requests have been made to the unrelated
third parties to obtain the required information,
representations and confirmations, and the Company is
working with the third parties to expedite the delivery
of the required documents. It is anticipated that the
required documents will ultimately be provided. The
required pro forma financial information will be filed
promptly after such information, representations and
confirmations are ascertained by the registrant.
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.
DATAWATCH CORPORATION
Date: October 25, 2004
By: /s/ Robert W. Hagger
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Name: Robert W. Hagger
Title: President and Chief Executive
Officer