SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): November 28, 2012
(Exact name of registrant as specified in its charter)
(Registrants telephone number, including area code)
(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):
On December 4, 2012, Envivio, Inc. (the Company) issued a press release announcing its results for the third fiscal quarter ended October 31, 2012 and intends to present additional information during a related conference call to be held on December 4, 2012. The press release and conference call contain forward-looking statements regarding the Company and include cautionary statements identifying important factors that could cause actual results to differ materially from those anticipated. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.
The information contained in this Item 2.02 and in the accompanying exhibit shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act), or incorporated by reference in any filing under the Exchange Act or the Securities Act of 1933, as amended (the Securities Act), except as shall be expressly set forth by specific reference in such filing.
On December 4, 2012, Envivio, Inc. (the Company) announced the departure of Kevin OKeefe as the Companys Chief Operating Officer, effective December 31, 2012 (the Departure Date). In connection with his departure, on November 28, 2012, the Company entered into a Separation Agreement with Mr. OKeefe pursuant to which, following the Departure Date, Mr. OKeefe will receive (i) his current monthly base salary of $17,118 for six months, (ii) reimbursement of up to six months of COBRA premiums, and (iii) acceleration of vesting of outstanding options for all options that would have vested within six month of the Departure Date. In exchange for the benefits set forth in the Separation Agreement, Mr. OKeefe has agreed to sign a general release of claims. The foregoing description of the terms of the Separation Agreement is qualified in its entirety by reference to the Separation Agreement, a copy of which is included hereto as Exhibit 10.1 and incorporated herein
Item 9 Financial Statements and Exhibits
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.
Dated: December 4, 2012