BMC Software Responds to Elliott Management's Letter
BMC Software, Inc. (NASDAQ: BMC) (the "Company" or "BMC"), the
recognized leader in Business Service Management, today issued the
following statement in response to the press release issued earlier
today by Elliott Associates, L.P. and Elliott International, L.P.
BMC stands by its previous statements, including those made in its
letter to Elliott dated May 16, 2012. The BMC Board is focused on
creating value for all stockholders through the execution of its
differentiated strategy to provide the most comprehensive portfolio of
heterogeneous, integrated IT management solutions to enterprises of all
sizes around the world.
Business Runs on IT. IT Runs on BMC Software.
More than 25,000 IT organizations — from the Global 100 to the smallest
businesses — in over 120 countries rely on BMC Software to manage their
business services and applications across distributed, mainframe,
virtual and cloud environments. With the leading Business Service
Management platform, Cloud Management, and the industry's broadest
choice of IT management solutions, BMC helps customers cut costs, reduce
risk and achieve business objectives. For the four fiscal quarters ended
March 31, 2012, BMC revenue was approximately $2.2 billion. For more
information about BMC Software (NASDAQ: BMC), please visit www.bmc.com.
BMC, BMC Software, and the BMC Software logo are the exclusive
properties of BMC Software Inc., are registered with the U.S. Patent and
Trademark Office, and may be registered or pending registration in other
countries. All other BMC trademarks, service marks, and logos may be
registered or pending registration in the U.S. or in other countries.
All other trademarks or registered trademarks are the property of their
respective owners. © Copyright 2012 BMC Software Inc.
FORWARD LOOKING STATEMENTS
This Press Release contains certain forward-looking statements within
the meaning of Section 27A of the Securities Act of 1933, as amended,
and Section 21E of the Securities Exchange Act of 1934, as amended,
which are identified by the use of the words "believe," "expect,"
"anticipate," "estimate," "will," "contemplate," "would" and similar
expressions that contemplate future events. Such forward-looking
statements are based on management's reasonable current assumptions and
expectations. Numerous important factors, risks and uncertainties,
including, but not limited to, those contained in our documents and
reports filed with the Securities and Exchange Commission (SEC), affect
our operating results and could cause our actual results, levels of
activity, performance or achievement to differ materially from the
results expressed or implied by these or any other forward-looking
statements made by us or on our behalf. There can be no assurance that
future results will meet expectations. You should carefully review the
cautionary statements described in the documents and reports we file
from time to time with the SEC, specifically our Annual Reports on Form
10-K, our Quarterly Reports on Form 10-Q and our Current Reports on Form
8-K. Information contained on our website is not part of this Press
Readers are cautioned not to place undue reliance on any forward-looking
statements contained in this Press Release, which reflect management's
opinions only as of the date hereof. Except as required by law, we
undertake no obligation to revise or publicly release the results of any
revision to any forward-looking statements.
CERTAIN INFORMATION REGARDING PARTICIPANTS
BMC Software, Inc. ("BMC"), its directors and certain of its executive
officers are deemed participants in the solicitation of proxies from BMC
shareholders in connection with the matters to be considered at BMC's
2012 Annual Meeting. BMC has filed a preliminary proxy statement with
the U.S. Securities and Exchange Commission (the "SEC") and will be
filing a definitive proxy statement with the SEC in connection with any
such solicitation of proxies from BMC shareholders. INVESTORS AND
SHAREHOLDERS ARE STRONGLY ENCOURAGED TO READ BMC'S DEFINITIVE PROXY
STATEMENT (INCLUDING ANY AMENDMENTS OR SUPPLEMENTS THERETO) AND
ACCOMPANYING PROXY CARD AND OTHER DOCUMENTS FILED WITH THE SEC CAREFULLY
AND IN THEIR ENTIRETY WHEN THEY BECOME AVAILABLE AS THEY WILL CONTAIN
IMPORTANT INFORMATION. Detailed information regarding the identity
of participants, and their direct or indirect interests, by security
holdings or otherwise, are set forth in the preliminary proxy statement
BMC filed with the SEC on May 18, 2012 and will be set forth in the
definitive proxy statement for BMC's 2012 Annual Meeting when it is
filed with the SEC. Additional information can also be found in BMC's
Annual Report on Form 10-K for the year ended March 31, 2012, filed with
the SEC on May 10, 2012. To the extent holdings of BMC securities have
changed since the amounts printed in the proxy statement for the 2011
Annual Meeting, such changes have been or will be reflected on
Statements of Change in Ownership on Form 4 filed with the SEC.
Shareholders will be able to obtain any proxy statement, any amendments
or supplements to the proxy statement and other documents filed by BMC
with the SEC for no charge at the SEC's website at www.sec.gov.
Copies will also be available at no charge at the Investors section of
our corporate website at http://investors.bmc.com.
BMC Software, Inc.
Derrick Vializ, 713-918-1805
King & Co., Inc.
Thomas Germinario, 212-269-5550
Richard Grubaugh, 212-269-5550
Frank, Wilkinson Brimmer Katcher
Joele Frank, 212-355-4449
Jennifer Friedman, 212-355-4449
Source: BMC Software, Inc.
News Provided by Acquire Media
BMC, BMC Software, and the BMC Software logo are the exclusive properties of BMC Software Inc., are registered with the U.S. Patent and Trademark Office, and may be registered or pending registration in other countries. All other BMC trademarks, service marks, and logos may be registered or pending registration in the U.S. or in other countries. All other trademarks or registered trademarks are the property of their respective owners. © Copyright 2010 BMC Software, Inc.
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