Item 9.01. Financial Statements and Exhibits. for Adobe

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ADBE » Topics » Item 9.01. Financial Statements and Exhibits.

This excerpt taken from the ADBE 8-K filed Jan 26, 2010.

Item 9.01 Financial Statements and Exhibits

(d) Exhibits

Exhibit No.		Description

4.1		Form of Officer’s Certificate setting forth the terms of the Notes

5.1		Opinion of Davis Polk & Wardwell LLP

23.1		Consent of Davis Polk & Wardwell LLP (contained in Exhibit 5.1)

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	ADOBE SYSTEMS INCORPORATED


Dated: January 26, 2010	By:	/s/ Mark Garrett
		Name: Mark Garrett Title: Executive Vice President and Chief Financial Officer

EXHIBIT INDEX

Exhibit No.		Description

4.1		Form of Officer’s Certificate setting forth the terms of the Notes

5.1		Opinion of Davis Polk & Wardwell LLP

23.1		Consent of Davis Polk & Wardwell LLP (contained in Exhibit 5.1)

This excerpt taken from the ADBE 8-K filed Jan 4, 2010.

Item 9.01 Financial Statements and Exhibits.

(a) Financial Statements of Businesses Acquired.

The unaudited condensed consolidated financial statements of Omniture for the nine months ended September 30, 2009 and the audited consolidated financial statements for the year ended December 31, 2008 are filed as Exhibit 99.1 hereto and are incorporated by reference herein.

(b) Pro Forma Financial Information.

The required pro forma financial information as of and for the nine months ended August 28, 2009 and for the year ended November 28, 2008 is attached hereto as Exhibit 99.2 and is incorporated in its entirety herein by reference.

(d) Exhibits.

Exhibit
Number		Exhibit Description
23.1		Consent of Independent Registered Public Accounting Firm

99.1		Unaudited condensed consolidated financial statements of Omniture as of September 30, 2009 and audited consolidated financial statements of Omniture as of December 31, 2008

99.2		Pro forma financial information as of and for the nine months ended August 28, 2009 and for the year ended November 28, 2008

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.

	ADOBE SYSTEMS INCORPORATED

Date: January 4, 2010	By:	/s/ MARK GARRETT
		Mark Garrett Executive Vice President and Chief Financial Officer

EXHIBIT INDEX

Exhibit
Number		Exhibit Description
23.1		Consent of Independent Registered Public Accounting Firm

99.1		Unaudited condensed consolidated financial statements of Omniture as of September 30, 2009 and audited consolidated financial statements of Omniture as of December 31, 2008

99.2		Pro forma financial information as of and for the nine months ended August 28, 2009 and for the year ended November 28, 2008

This excerpt taken from the ADBE 8-K filed Dec 15, 2009.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

99.1 Press release issued on December 15, 2009 entitled “Adobe Reports Fourth Quarter and Fiscal 2009 Results”

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	ADOBE SYSTEMS INCORPORATED

Date: December 15, 2009	By:	/s/ Mark Garrett
		Mark Garrett Executive Vice President and Chief Financial Officer

EXHIBIT INDEX

Exhibit No.		Description
99.1		Press release issued on December 15, 2009 entitled “Adobe Reports Fourth Quarter and Fiscal 2009 Results”

This excerpt taken from the ADBE 8-K filed Oct 26, 2009.

Item 9.01 Financial Statements and Exhibits.

(a) Financial Statements of Businesses Acquired.

The financial statements required by Item 9.01(a) of Form 8-K will be filed by amendment no later than 71 calendar days after the date this Current Report on Form 8-K is required to be filed.

(b) Pro Forma Financial Information.

The pro forma financial information required by Item 9.01(b) of Form 8-K will be filed by amendment no later than 71 calendar days after the date this Current Report on Form 8-K is required to be filed.

(d) Exhibits.

Exhibit No.		Description
2.1		Agreement and Plan of Merger, dated as of September 15, 2009, among Adobe, the Purchaser and Omniture (incorporated by reference to Exhibit 2.1 to the Current Report on Form 8-K filed by Adobe with the SEC on September 15, 2009).

99.1		Press Release issued by Adobe, dated October 23, 2009 (incorporated by reference to Exhibit (a)(5)(E) to Amendment No. 4 to Schedule TO filed by the Purchaser and Adobe with the SEC on October 23, 2009).

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	ADOBE SYSTEMS INCORPORATED

Date: October 26, 2009	By:	/s/ Mark Garrett
		Mark Garrett
		Executive Vice President and Chief Financial Officer

This excerpt taken from the ADBE 8-K filed Sep 15, 2009.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

99.1 Press release issued on September 15, 2009 entitled “Adobe Reports Third Quarter Results.”

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	ADOBE SYSTEMS INCORPORATED

Date: September 15, 2009	By:	/s/ MARK GARRETT
		Mark Garrett
		Executive Vice President and Chief Financial Officer

EXHIBIT INDEX

Exhibit No.		Description
99.1		Press release issued on September 15, 2009 entitled “Adobe Reports Third Quarter Results.”

This excerpt taken from the ADBE 8-K filed Sep 15, 2009.

Item 9.01. Financial Statements and Exhibits

Exhibit No.		Description
2.1		Agreement and Plan of Merger, dated September 15, 2009, by and among Adobe Systems Incorporated, Snowbird Acquisition Corporation and Omniture, Inc.
99.1		Joint Press Release issued by Adobe Systems Incorporated and Omniture, Inc. dated September 15, 2009.

Additional Information

The tender offer described in this Current Report on Form 8-K and the exhibits attached hereto has not yet commenced. The description contained herein is for informational purposes only and is not an offer to buy or the solicitation of an offer to sell any securities. The solicitation and the offer to buy shares of Omniture’s common stock will be made only pursuant to a tender offer statement on Schedule TO, including an offer to purchase and other related materials, Snowbird Acquisition Corporation, a wholly owned subsidiary of Adobe, intends to file with the Securities and Exchange Commission. In addition, Omniture intends to file with the Securities and Exchange Commission a solicitation/recommendation statement on Form 14D-9 with respect to the tender offer. Once filed, investors and Omniture stockholders will be able to obtain free copies of these documents and other documents filed by Omniture, Adobe and Snowbird Acquisition Corporation with the Securities and Exchange Commission at the website of the Securities and Exchange Commission at www.sec.gov. In addition, the tender offer statement on Schedule TO and related offering materials may be obtained for free (when they become available) from Adobe. Omniture stockholders are advised to read these documents, any amendments to these documents and any other documents relating to the tender offer that are filed with the Securities and Exchange Commission carefully and in their entirety prior to making any decisions with respect to the tender offer because they contain important information, including the terms and conditions of the tender offer.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	ADOBE SYSTEMS INCORPORATED

Date: September 15, 2009	By:	/s/ Mark Garrett
		Mark Garrett
		Executive Vice President and Chief Financial Officer

EXHIBIT INDEX

Exhibit No.		Description
2.1		Agreement and Plan of Merger, dated September 15, 2009, by and among Adobe Systems Incorporated, Snowbird Acquisition Corporation and Omniture, Inc.
99.1		Joint Press Release issued by Adobe Systems Incorporated and Omniture, Inc. dated September 15, 2009.

This excerpt taken from the ADBE 8-K filed Jun 16, 2009.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

99.1 Press release issued on June 16, 2009 entitled “Adobe Reports Second Quarter Fiscal 2009 Results.”

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	ADOBE SYSTEMS INCORPORATED

Date: June 16, 2009	By:	/s/ MARK GARRETT
		Mark Garrett
		Executive Vice President and Chief Financial Officer

EXHIBIT INDEX

Exhibit No.		Description
99.1		Press release issued on June 16, 2009 entitled “Adobe Reports Second Quarter Fiscal 2009 Results.”

This excerpt taken from the ADBE 8-K filed Mar 17, 2009.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

99.1 Press release issued on March 17, 2009 entitled “Adobe Reports First Quarter Financial Results.”

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	ADOBE SYSTEMS INCORPORATED

Date: March 17, 2009	By:	/s/ MARK GARRETT
		Mark Garrett
		Executive Vice President and Chief Financial Officer

EXHIBIT INDEX

Exhibit No.		Description
99.1		Press release issued on March 17, 2009 entitled “Adobe Reports First Quarter Financial Results.”

This excerpt taken from the ADBE 8-K filed Mar 4, 2009.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

99.1 Press release issued on March 4, 2009 entitled “Adobe Provides Preliminary Q1 Fiscal 2009 Results.”

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	ADOBE SYSTEMS INCORPORATED

Date: March 4, 2009	By:	/s/ MARK GARRETT

		Mark Garrett
		Executive Vice President and Chief
		Financial Officer

EXHIBIT INDEX

Exhibit No.		Description

99.1		Press release issued on March 4, 2009 entitled “Adobe Provides Preliminary Q1 Fiscal 2009 Results.”

EXCERPTS ON THIS PAGE:

8-K	Jan 26, 2010

8-K	Jan 4, 2010

8-K	Dec 15, 2009

8-K	Oct 26, 2009

8-K	Sep 15, 2009

8-K	Sep 15, 2009

8-K	Jun 16, 2009

8-K	Mar 17, 2009

8-K	Mar 4, 2009

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