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)
October 28, 2008
AMKOR TECHNOLOGY, INC.
(Exact name of registrant as specified in its charter)
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| DELAWARE
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000-29472
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23-1722724 |
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(State or Other Jurisdiction of
Incorporation)
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(Commission File Number)
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(IRS Employer
Identification No.) |
1900 SOUTH PRICE ROAD
CHANDLER, AZ 85286
(Address of Principal Executive Offices, including Zip Code)
(480) 821-5000
(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:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c)) |
TABLE OF CONTENTS
Item 2.02. Results of Operations and Financial Condition.
Attached hereto as Exhibit 99.1 and incorporated by reference herein is financial information for
Amkor Technology, Inc. for the three and nine months ended September 30, 2008 and forward-looking
statements relating to the fourth quarter of 2008 as presented in a press release dated October 29,
2008. The information in this Form 8-K and the exhibit attached hereto is being furnished and 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.
Exhibit 99.1 discloses free cash flow for the three months ended September 30, 2008. Free cash
flow (which we define as net cash provided by operating activities less purchases of property,
plant and equipment) is considered a non-GAAP financial measure. Generally, a non-GAAP financial
measure is a numerical measure of a company’s performance, financial position, or cash flows that
either excludes or includes amounts that are not normally excluded or included in the most directly
comparable measure calculated and presented in accordance with generally accepted accounting
principles. We believe free cash flow to be relevant and useful information to our investors in
assessing our financial operating results as this measure is used by our management in evaluating
our liquidity, our ability to service debt and fund capital expenditures. However, this measure
should be considered in addition to, and not as a substitute for, or superior to, cash flows or
other measures of financial performance prepared in accordance with generally accepted accounting
principles, and may not be comparable to similarly titled measures reported by other companies. The
non-GAAP measures included in our press release have been reconciled to the nearest GAAP measure as
required under SEC rules regarding the use of non-GAAP financial measures.
Item 8.01. Other Events.
On October 28, 2008, Amkor issued a press release announcing that the Arbitration Panel from the
International Court of Arbitration of the International Chamber of Commerce has issued an interim
order in the arbitration proceedings relating to Amkor’s license agreement with Tessera, Inc.
Additional information about the order and the underlying arbitration is contained in the press
release attached hereto as Exhibit 99.2.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
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| 99.1 |
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Text of Press Release dated October 29, 2008, which is furnished (not filed) herewith. |
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| 99.2 |
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Text of Press Release dated October 28, 2008, which is filed herewith. |