Prepared By R.R. Donnelley Financial -- Form 8-K
 
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
 
Date of Report (Date of earliest event reported):  09/03/2009
 
Sun Microsystems, Inc.
(Exact name of registrant as specified in its charter)
 
Commission File Number:  0-15086
 
Delaware
  
94-2805249
(State or other jurisdiction of
  
(IRS Employer
incorporation)
  
Identification No.)
 
4150 Network Circle
Santa Clara, California 95054-1778
(Address of principal executive offices, including zip code)
 
(650) 960-1300
(Registrant’s telephone number, including area code)
 
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))
 

 
Item 8.01.    Other Events
 
On September 3, 2009, Sun Microsystems, Inc. ("Sun") received notification from the European Commission (the "EC") that the EC has decided to seek more information regarding the proposed merger between Sun and Oracle Corporation (the "Merger") by conducting a Phase Two inquiry. The effect of this request is to extend the EC review period. As previously announced, the United States Department of Justice approved the Merger without any further conditions and terminated the waiting period under the Hart-Scott-Rodino Act on August 20, 2009, and Sun's stockholders approved the Merger on July 16, 2009. The Merger remains subject to regulatory clearance from the EC and is subject to the satisfaction or waiver of the other closing conditions specified in the merger agreement.
 

 

SIGNATURES
 
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.
 
           
Sun Microsystems, Inc.
 
 
Date: September 03, 2009
     
By:
 
/s/    Michael A. Dillon
               
Michael A. Dillon
               
Executive Vice President, General Counsel and Secretary