Unassociated Document
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) April 28, 2008
ALIGN
TECHNOLOGY, INC.
(Exact
Name of Registrant as Specified in Its Charter)
Delaware
(State
or
Other Jurisdiction of
Incorporation)
0-32259
|
94-3267295
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(Commission
File Number)
|
(IRS
Employer Identification No.)
|
881
Martin Avenue, Santa Clara, California
|
95050
|
(Address
of Principal Executive Offices)
|
(Zip
Code)
|
(408)
470-1000
(Registrant’s
Telephone Number, Including Area Code)
Not
applicable
(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 (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
1.01 Entry into a Material Definitive Agreement
Amendment
to Credit Agreement
On
April
28, 2008, Align Technology, Inc. (the “Company”) and Comerica Bank entered into
Amendment No. 5 (the “Amendment”) to the Amended and Restated Loan and
Security Agreement dated as of December 16, 2005 as amended from time to time.
The Amendment amends Section 6.2(c) for the purpose of defining the stock
repurchase program described in Item 8.01 below as a “Permitted Investment”
thereunder.
A
copy of
the Amendment is attached hereto as Exhibit 10.1 and is incorporated herein
by
this reference.
ITEM
8.01 Other Events
On
April
29, 2008, the Company announced that the Board of Directors of the Company
has
authorized a stock repurchase program of up to $50 million shares of the
Company’s outstanding common stock.
The
text
of the press release announcing the stock repurchase program is attached hereto
as Exhibit 99.1 and is incorporated by reference herein.
ITEM
9.01. Financial
Statements and Exhibits
(c) Exhibits.
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Exhibit
No.
|
|
Description
|
|
|
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10.1
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Amendment
No. 5 to Amended and Restated Loan and Security Agreement between
Align
Technology, Inc. and Comerica Bank
|
|
|
|
99.1
|
|
Press
Release of Align Technology, Inc. announcing stock repurchase program
dated April 29, 2008
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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.
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|
|
|
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ALIGN
TECHNOLOGY,
INC. |
|
|
|
Dated:
April 29, 2008 |
By: |
/s/ Kenneth
B. Arola |
|
Kenneth
B. Arola
Vice
President of Finance and Chief Financial Officer
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|
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INDEX
TO EXHIBITS
|
|
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Exhibit
No.
|
|
Description
|
|
|
|
10.1
|
|
Amendment
No. 5 to Amended and Restated Loan and Security Agreement between
Align
Technology, Inc. and Comerica Bank
|
|
|
|
99.1
|
|
Press
Release of Align Technology, Inc. announcing stock repurchase program
dated April 29, 2008
|