WWW.EXFILE.COM, INC. -- 888-775-4789 -- DATAWATCH CORPORATION -- FORM 8K

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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)   July 29, 2008


Datawatch Corporation
(Exact Name of Registrant as Specified in Its Charter)

Delaware
(State or Other Jurisdiction of Incorporation)

000-19960
02-0405716
(Commission File Number)
(IRS Employer Identification No.)

Quorum Office Park
271 Mill Road
Chelmsford, Massachusetts
01824
(Address of Principal Executive Offices)
(Zip Code)

(978) 441-2200
(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):

o
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 
Item 2.02
Results of Operations and Financial Condition

On July 29, 2008, Datawatch Corporation (the “Company”) issued a press release regarding its financial results for the third quarter ended June 30, 2008.  A copy of the press release is furnished as Exhibit 99.1 to this report.

The information in this Item 2.02, including in Exhibit 99.1 attached hereto, is intended to be furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as expressly set forth by specific reference in such filing.

Item 5.02
Departure of Directors or Certain Officers; Election of Director; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

On July 25, 2008, the Compensation and Stock Committee of the Company’s Board of Directors renewed a bonus plan under which Murray Fish, the Company’s Chief Financial Officer, will be eligible for discretionary bonus payment up to $2,500 per quarter until September 30, 2009.  Bonus payments under this plan will be based on the achievement of certain management business objectives.  Mr. Fish is also eligible for participation in the Company’s 2008 Corporate Officers Compensation Plan, as described in our Current Report on Form 8-K which was filed on November 27, 2007.
 
Item 9.01
Financial Statements and Exhibits

(d)           Exhibits

The following Exhibit is filed as part of this report:

 
 
 Exhibit No.   Description 
     
 
99.1
Press Release dated July 29, 2008
 
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:               July 29, 2008
  
 
By: /s/ Kenneth P. Bero 
 
Name: Kenneth P. Bero
 
Title:   President and Chief Executive Officer