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)
January 25, 2011
REALPAGE, INC.
(Exact name of registrant as specified in its charter)
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| Delaware
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001-34846
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75-2788861 |
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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.) |
4000 International Parkway
Carrollton, Texas 75007
(Address of principal executive offices, including zip code)
(972) 820-3000
(Registrant’s 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):
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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))
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TABLE OF CONTENTS
On January 25, 2011, RealPage, Inc. (“RealPage” or “we”) issued a press release
announcing that on January 24, 2011 Yardi Systems, Inc. filed a lawsuit against RealPage, Inc. A
copy of the press release is furnished herewith as Exhibit 99.1.
On January 24, 2011, Yardi Systems, Inc. filed a lawsuit in the U.S. District Court for the
Central District of California against RealPage and DC Consulting, Inc. The lawsuit alleges claims for relief for violation of the Computer Fraud and Abuse Act, violation of the California
Comprehensive Data Access and Fraud Act, violation of the Digital Millennium Copyright Act,
Copyright Infringement, Trade Secret Misappropriation, and Unfair Competition. The plaintiff
primarily alleges that RealPage consultants used unauthorized passwords to gain access to
confidential and copyrighted information and documentation relating to Yardi products. In its
prayer for relief, Yardi Systems seeks remedies such as damages and injunctive relief.
Because this lawsuit is at an early stage, it is not possible to predict its outcome. We
believe that we have meritorious defenses to the claims in this case and intend to defend it
vigorously. However, even if we were successful in defending against such claims, the proceedings
could result in significant costs and divert our management’s attention.
Cautionary Statement Regarding Forward-Looking Statements
This press release contains “forward-looking” statements relating to RealPage, Inc.’s expected
or possible meritorious defenses, anticipated vigorous defense of Yardi Systems, Inc.’s claims, and
possible significant defense costs and diversion of management’s attention. These forward-looking
statements are based on management’s beliefs and assumptions and on information currently available
to management. Forward-looking statements include all statements that are not historical facts.
Forward-looking statements involve known and unknown risks, uncertainties and other factors that
may cause actual results, performance or achievements to be materially different from any future
results, performance or achievements expressed or implied by the forward-looking statements.
Factors that could cause or contribute to such differences include, but are not limited to, the
following: (a) the discovery of facts and circumstances currently not available to RealPage’s
management; and (b) such other risks and uncertainties described more fully in documents filed with
or furnished to the Securities and Exchange Commission (“SEC”), including RealPage’s Prospectus
previously filed with SEC pursuant to Rule 424(b)(4) on December 7, 2010. All information provided
in this release is as of the date hereof and RealPage, Inc. undertakes no duty to update this
information except as required by law.
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| Item 9.01 |
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Financial Statements and Exhibits |
(d) Exhibits.
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| Exhibit No. |
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Description |
| 99.1 |
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RealPage, Inc. Press Release dated January 25, 2011 regarding
Yardi System, Inc.’s lawsuit against RealPage, Inc. |
The information furnished in this Current Report under Item 8.01 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 incorporated by reference in any filing under the
Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by
specific reference in such a filing.