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
November 17, 2004
Date of Report (date of earliest event reported)
SALESFORCE.COM, INC.
(Exact name of Registrant as specified in charter)
| Delaware | 001-32224 | 94-3320693 | ||
| (State or other jurisdiction of incorporation) |
(Commission File Number) | (I. R. S. Employer Identification No.) |
The Landmark @ One Market, Suite 300
San Francisco CA 94105
(Address of principal executive offices)
Registrant’s telephone number, including area code: (415) 901-7000
N/A
(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)) |
Section 2 – Financial Information
Item 2.02 – Results of Operations and Financial Condition
On November 17, 2004, salesforce.com, inc. issued a press release announcing its results for the quarter ended October 31, 2004. A copy of the press release is attached as Exhibit 99.1 to this current report on Form 8-K and is incorporated by reference herein.
The press release attached to this current report on Form 8-K contains non-GAAP financial information. In addition to providing the registrant’s net income and earnings per diluted share financial measures on a GAAP basis for the periods discussed, the press release also provides non-GAAP net income and earnings per diluted share figures. These non-GAAP financial measures are derived from the applicable GAAP figures by excluding a one-time, non-cash gain of $4.3 million recorded by the registrant in the third quarter of the prior fiscal year as a result of the reversal of a previously recorded accrued liability associated with abandoned office space. Management believes that by providing these non-GAAP financial measures investors will have a more complete understanding of salesforce.com’s underlying operational results and trends in its performance.
The information in this current report on Form 8-K and the exhibits attached hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (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, as amended, or the Exchange Act, regardless of any general incorporation language in such filing.
Section 9 – Financial Statements and Exhibits
Item 9.01 Financial Statements and Exhibits
| (c) | Exhibits |
| 99.1 | Press Release dated November 17, 2004 |
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.
| Dated: November 17, 2004 | salesforce.com, inc. | |
| /s/ David Schellhase | ||
| David Schellhase, Vice President and General Counsel | ||
Exhibit Index
| Exhibit Number |
Exhibit Title | |
| 99.1 | Press Release dated November 17, 2004 |