BIRT / Actuate Corp - تصريحات هيئة الأوراق المالية والبورصات، التقرير السنوي، بيان الوكيل

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US
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الإحصائيات الأساسية
CIK 1062478
SEC Filings
All companies that sell securities in the United States must register with the Securities and Exchange Commission (SEC) and file reports on a regular basis. These reports include company annual reports (10K, 10Q), news updates (8K), investor presentations (found in 8Ks), insider trades (form 4), ownership reports (13D, and 13G), and reports related to the specific securities sold, such as registration statements and prospectus. This page shows recent SEC filings related to Actuate Corp
SEC Filings (Chronological Order)
توفر هذه الصفحة قائمة كاملة ومرتبة ترتيبًا زمنيًا لتصريحات هيئة الأوراق المالية والبورصات، باستثناء تصريحات الملكية التي نقدمها في مكان آخر.
February 12, 2015 SC 13G/A

BIRT / Actuate Corp / Wellington Management Group LLP - SEC SCHEDULE 13G Passive Investment

SC 13G/A 1 SEC13GFiling.htm SEC SCHEDULE 13G UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 2 )* Actuate Corporation (Name of Issuer) Common Stock (Title of Class of Securities) 00508B102 (CUSIP Number) December 31, 2014 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to

January 26, 2015 15-12G

BIRT / Actuate Corp 15-12G - - 15-12G

15-12G 1 d855122d1512g.htm 15-12G UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 15 CERTIFICATION AND NOTICE OF TERMINATION OF REGISTRATION UNDER SECTION 12(g) OF THE SECURITIES EXCHANGE ACT OF 1934 OR SUSPENSION OF DUTY TO FILE REPORTS UNDER SECTIONS 13 AND 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934. Commission File Number: 000-24607 ACTUATE CORPORATION (Exact name

January 16, 2015 EX-3.2

AMENDED AND RESTATED ACTUATE CORPORATION ARTICLE I

EX-3.2 3 d853426dex32.htm EX-3.2 Exhibit 3.2 AMENDED AND RESTATED BYLAWS OF ACTUATE CORPORATION ARTICLE I OFFICES SECTION 1. REGISTERED OFFICE. The registered office shall be established and maintained at the office of The Corporation Trust Company, in the City of Wilmington, in the County of New Castle, in the State of Delaware, and said corporation shall be the registered agent of this corporati

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos.

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos.

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 16, 2015 POS AM

BIRT / Actuate Corp POS AM - - POS AM

POS AM 1 d853758dposam.htm POS AM As filed with the Securities and Exchange Commission on January 16, 2015 Registration No. 333-67220 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POST-EFFECTIVE AMENDMENT NO. 1 TO FORM S-3 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 ACTUATE CORPORATION (Exact Name of Registrant as specified in its charter) Delaware 94-3193197

January 16, 2015 EX-99.A-5-E

OpenText Buys Actuate Corporation Actuate Adds Powerful Analytics to OpenText

EX-99.A-5-E 2 d853767dex99a5e.htm EX-99.A-5-E Exhibit (a)(5)(E) OpenText Buys Actuate Corporation Actuate Adds Powerful Analytics to OpenText Waterloo, ON – January 16, 2015 – OpenText™ (NASDAQ: OTEX, TSX: OTC), a global leader in Enterprise Information Management (EIM), today announced that, through its wholly-owned subsidiary, Asteroid Acquisition Corporation, it has successfully completed its a

January 16, 2015 SC TO-T/A

TSX:OTC / Open Text Corp SC TO-T/A - - SC TO-T/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (RULE 14d-100) Tender Offer Statement Pursuant to Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 (Amendment No. 5) Actuate Corporation (Name of Subject Company) Asteroid Acquisition Corporation (Offeror) Open Text Corporation (Parent of Offeror) (Names of Filing Persons) COMMON STOCK, PAR VALUE

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 16, 2015 SC 14D9/A

BIRT / Actuate Corp SC 14D9/A - - SC 14D9/A

SC 14D9/A 1 d853410dsc14d9a.htm SC 14D9/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 (Amendment No. 6) ACTUATE CORPORATION (Name of Subject Company) ACTUATE CORPORATION (Name of Person Filing Statement) Common Stock, par value $0.001 per share (Title of Cl

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 16, 2015 EX-3.1

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION ACTUATE CORPORATION ARTICLE ONE

EX-3.1 2 d853426dex31.htm EX-3.1 Exhibit 3.1 AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF ACTUATE CORPORATION ARTICLE ONE The name of the Corporation is Actuate Corporation (hereinafter, the “Corporation”). ARTICLE TWO The registered office of the Corporation in the State of Delaware is located at 1209 Orange Street, Wilmington, New Castle County, Delaware 19801, and the name of the regist

January 16, 2015 8-K

Regulation FD Disclosure, Changes in Control of Registrant, Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Termination of a Material Definitive Agreement, Material Modification to Rights of Security Holders, Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing, Financial Statements and Exhibits, Completion of Acquisition or Disposition of Assets

8-K 1 d853426d8k.htm 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): January 15, 2015 Actuate Corporation (Exact name of Registrant as specified in its charter) Delaware 0-24607 94-3193197 (State or other jurisdiction of incorp

January 16, 2015 POS AM

BIRT / Actuate Corp POS AM - - POS AM

POS AM 1 d853400dposam.htm POS AM As filed with the Securities and Exchange Commission on January 16, 2015 Registration No. 333-34410 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POST-EFFECTIVE AMENDMENT NO. 1 TO FORM S-3 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 ACTUATE CORPORATION (Exact Name of Registrant as specified in its charter) Delaware 94-3193197

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 16, 2015 S-8 POS

BIRT / Actuate Corp S-8 POS - - S-8 POS

S-8 POS 1 d853432ds8pos.htm S-8 POS As filed with the Securities and Exchange Commission on January 16, 2015 Registration Nos. 333-59959, 333-73015, 333-33720, 333-56906, 333-84582, 333-104101, 333-113545, 333-124546, 333-134140, 333-143235, 333-151004, 333-159904, 333-167748, 333-177989, 333-184005, 333-190383, 333-198587 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POS

January 9, 2015 SC TO-T/A

TSX:OTC / Open Text Corp SC TO-T/A - - SC TO-T/A

SC TO-T/A 1 d849910dsctota.htm SC TO-T/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (RULE 14d-100) Tender Offer Statement Pursuant to Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 (Amendment No. 3) Actuate Corporation (Name of Subject Company) Asteroid Acquisition Corporation (Offeror) Open Text Corporation (Parent of Offeror) (Names o

January 9, 2015 SC TO-T/A

TSX:OTC / Open Text Corp SC TO-T/A - - SC TO-T/A

SC TO-T/A 1 d849730dsctota.htm SC TO-T/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (RULE 14d-100) Tender Offer Statement Pursuant to Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 (Amendment No. 4) Actuate Corporation (Name of Subject Company) Asteroid Acquisition Corporation (Offeror) Open Text Corporation (Parent of Offeror) (Names o

January 9, 2015 SC 14D9/A

BIRT / Actuate Corp SC 14D9/A - - SC 14D9/A

SC 14D9/A 1 d849987dsc14d9a.htm SC 14D9/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 (Amendment No. 5) ACTUATE CORPORATION (Name of Subject Company) ACTUATE CORPORATION (Name of Person Filing Statement) Common Stock, par value $0.001 per share (Title of Cl

January 9, 2015 SC 14D9/A

BIRT / Actuate Corp SC 14D9/A - - SC 14D9/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 (Amendment No. 4) ACTUATE CORPORATION (Name of Subject Company) ACTUATE CORPORATION (Name of Person Filing Statement) Common Stock, par value $0.001 per share (Title of Class of Securities) 00508B102 (CUSIP Number

January 2, 2015 EX-99.A5.VII

E-mail Communication to Employees of Actuate Corporation dated January 2, 2015

EX-99.A5.VII Exhibit (a)(5)(vii) E-mail Communication to Employees of Actuate Corporation dated January 2, 2015 Actuate employees, Below are some questions and answers regarding the pending OpenText tender offer: 1. What will happen to my stock options? At the closing of the merger (which will occur as promptly as practicable after the consummation of the tender offer), all Actuate options, whethe

January 2, 2015 SC 14D9/A

BIRT / Actuate Corp SC 14D9/A - - SC 14D9/A

SC 14D9/A 1 d844650dsc14d9a.htm SC 14D9/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 (Amendment No. 3) ACTUATE CORPORATION (Name of Subject Company) ACTUATE CORPORATION (Name of Person Filing Statement) Common Stock, par value $0.001 per share (Title of Cl

December 22, 2014 SC TO-T/A

TSX:OTC / Open Text Corp SC TO-T/A - - SC TO-T/A

SC TO-T/A 1 d841730dsctota.htm SC TO-T/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (RULE 14d-100) Tender Offer Statement Pursuant to Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 (Amendment No. 2) Actuate Corporation (Name of Subject Company) Asteroid Acquisition Corporation (Offeror) Open Text Corporation (Parent of Offeror) (Names o

December 22, 2014 SC 14D9/A

BIRT / Actuate Corp SC 14D9/A - - SC 14D9/A

SC 14D9/A 1 d841282dsc14d9a.htm SC 14D9/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 (Amendment No. 2) ACTUATE CORPORATION (Name of Subject Company) ACTUATE CORPORATION (Name of Person Filing Statement) Common Stock, par value $0.001 per share (Title of Cl

December 18, 2014 SC 14D9/A

BIRT / Actuate Corp SC 14D9/A - - SC 14D9/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 (Amendment No. 1) ACTUATE CORPORATION (Name of Subject Company) ACTUATE CORPORATION (Name of Person Filing Statement) Common Stock, par value $0.001 per share (Title of Class of Securities) 00508B102 (CUSIP Number

December 18, 2014 SC TO-T/A

TSX:OTC / Open Text Corp SC TO-T/A - - SC TO-T/A

SC TO-T/A 1 d840404dsctota.htm SC TO-T/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (RULE 14d-100) Tender Offer Statement Pursuant to Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 (Amendment No. 1) Actuate Corporation (Name of Subject Company) Asteroid Acquisition Corporation (Offeror) Open Text Corporation (Parent of Offeror) (Names o

December 16, 2014 EX-1.5.4

Notice of Offer to Purchase for Cash All Outstanding Shares of Common Stock Actuate Corporation $6.60 Net Per Share Asteroid Acquisition Corporation a wholly-owned subsidiary of Open Text Corporation

Exhibit (a)(5)(D) Exhibit (a)(5)(D) This announcement is neither an offer to purchase nor a solicitation of an offer to sell Shares (as defined below).

December 16, 2014 EX-1.1.5

Offer to Purchase for Cash All Outstanding Shares of Common Stock Actuate Corporation $6.60 Net Per Share Asteroid Acquisition Corporation a wholly-owned subsidiary of Open Text Corporation

EX-1.1.5 6 d834953dex115.htm EXHIBIT (A)(1)(E) Exhibit (a)(1)(E) Offer to Purchase for Cash All Outstanding Shares of Common Stock of Actuate Corporation at $6.60 Net Per Share by Asteroid Acquisition Corporation a wholly-owned subsidiary of Open Text Corporation THE OFFER AND WITHDRAWAL RIGHTS WILL EXPIRE AT 9:00 A.M., NEW YORK CITY TIME, ON JANUARY 16, 2015, UNLESS THE OFFER IS EXTENDED OR EARLI

December 16, 2014 EX-1.1.3

Notice of Guaranteed Delivery Offer to Purchase for Cash All Outstanding Shares of Common Stock Actuate Corporation $6.60 Net Per Share Asteroid Acquisition Corporation a wholly-owned subsidiary of Open Text Corporation

EX-1.1.3 4 d834953dex113.htm EXHIBIT (A)(1)(C) Exhibit (a)(1)(C) Notice of Guaranteed Delivery for Offer to Purchase for Cash All Outstanding Shares of Common Stock of Actuate Corporation at $6.60 Net Per Share by Asteroid Acquisition Corporation a wholly-owned subsidiary of Open Text Corporation THE OFFER AND WITHDRAWAL RIGHTS WILL EXPIRE AT 9:00 A.M., NEW YORK CITY TIME, ON JANUARY 16, 2015, UNL

December 16, 2014 EX-99.(A)(1)(VI)

December 16, 2014

EX-99.(A)(1)(VI) 2 d836264dex99a1vi.htm EX-99.(A)(1)(VI) Exhibit (a)(1)(vi) December 16, 2014 Dear Actuate Stockholder: We are pleased to report that on December 5, 2014, Actuate Corporation (the “Company”), Open Text Corporation, a Canadian corporation (“Parent”), and Asteroid Acquisition Corporation, a Delaware corporation and wholly-owned subsidiary of Parent (“Purchaser”), entered into an Agre

December 16, 2014 EX-1.5.3

OpenText Commences Tender Offer for Actuate Corporation

EX-1.5.3 7 d834953dex153.htm EXHIBIT (A)(5)(C) Exhibit (a)(5)(C) OpenText Commences Tender Offer for Actuate Corporation WATERLOO, Ontario, Dec. 16, 2014/PRNewswire/ –– Open Text Corporation (NASDAQ: OTEX) (TSX: OTC) today announced that its wholly-owned subsidiary, Asteroid Acquisition Corporation, has commenced its previously announced tender offer for all outstanding shares of common stock of A

December 16, 2014 SC TO-T

TSX:OTC / Open Text Corp SC TO-T - - SC TO-T

SC TO-T 1 d834953dsctot.htm SC TO-T UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (RULE 14d-100) Tender Offer Statement Pursuant to Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 Actuate Corporation (Name of Subject Company) Asteroid Acquisition Corporation (Offeror) Open Text Corporation (Parent of Offeror) (Names of Filing Persons) COMMO

December 16, 2014 EX-4.4

[SIGNATURE PAGE FOLLOWS].

EX-4.4 9 d834953dex44.htm EXHIBIT (D)(4) Exhibit (d)(4) November 8, 2014 Actuate Corporation 951 Mariners Island Boulevard San Mateo CA 94404 Attention: Peter I. Cittadini, President and Chief Executive Officer Dear Mr. Cittadini: This letter agreement (this “Letter Agreement”) sets forth certain understandings between Open Text Corporation (“Purchaser”) and Actuate Corporation (the “Company”) wit

December 16, 2014 EX-1.1.4

Offer to Purchase for Cash All Outstanding Shares of Common Stock Actuate Corporation $6.60 Net Per Share Asteroid Acquisition Corporation a wholly-owned subsidiary of Open Text Corporation

Exhibit (a)(1)(D) Exhibit (a)(1)(D) Offer to Purchase for Cash All Outstanding Shares of Common Stock of Actuate Corporation at $6.

December 16, 2014 EX-1.1.1

Offer to Purchase for Cash All Outstanding Shares of Common Stock Actuate Corporation $6.60 Net Per Share Asteroid Acquisition Corporation a wholly-owned subsidiary of Open Text Corporation

Exhibit (a)(1)(A) Table of Contents Exhibit (a)(1)(A) Offer to Purchase for Cash All Outstanding Shares of Common Stock of Actuate Corporation at $6.

December 16, 2014 EX-1.1.2

THIS DOCUMENT IS IMPORTANT AND REQUIRES YOUR IMMEDIATE ATTENTION. Letter of Transmittal To Tender Shares of Common Stock Actuate Corporation $6.60 Net Per Share Pursuant to the Offer to Purchase dated December 16, 2014 Asteroid Acquisition Corporatio

EX-1.1.2 3 d834953dex112.htm EXHIBIT (A)(1)(B) Exhibit (a)(1)(B) THIS DOCUMENT IS IMPORTANT AND REQUIRES YOUR IMMEDIATE ATTENTION. Letter of Transmittal To Tender Shares of Common Stock of Actuate Corporation at $6.60 Net Per Share Pursuant to the Offer to Purchase dated December 16, 2014 by Asteroid Acquisition Corporation a wholly-owned subsidiary of Open Text Corporation THE OFFER AND WITHDRAWA

December 16, 2014 SC 14D9

BIRT / Actuate Corp SC 14D9 - - SC 14D9

SC 14D9 1 d836264dsc14d9.htm SC 14D9 Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 ACTUATE CORPORATION (Name of Subject Company) ACTUATE CORPORATION (Name of Person Filing Statement) Common Stock, par value $0.001 per share (Title of Class o

December 15, 2014 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

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 December 15, 2014 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commission File Number) (IRS

December 15, 2014 EX-10.1

AMENDMENT TO LETTER AGREEMENT

EX-10.1 2 d838269dex101.htm EX-10.1 Exhibit 10.1 AMENDMENT TO LETTER AGREEMENT This Agreement (the “Amendment”) is entered into by and between Peter Cittadini (the “Executive”) and Actuate Corporation, a Delaware corporation (the “Company”) as of December 15, 2014. WHEREAS, on July 24, 2014, the Company and the Executive amended and superseded the Change in Control Agreement, dated January 1, 2008

December 15, 2014 EX-3

MUTUAL NON-DISCLOSURE AGREEMENT

EX-3 Exhibit 3 MUTUAL NON-DISCLOSURE AGREEMENT This Mutual Non-Disclosure Agreement (the “Agreement”) is made by and between Actuate Corporation, a Delaware corporation with its principal place of business located at 951 Mariners Island Boulevard, San Mateo, CA 94404 (“Actuate”), and Open Text Corporation, a corporation incorporated pursuant to the laws of Canada, with its principal place of business located at 275 Frank Tompa Drive, Waterloo, ON N2L OA1 (“Company”).

December 15, 2014 SC 13D

BIRT / Actuate Corp / OPEN TEXT CORP - SC 13D Activist Investment

SC 13D UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 13D (Rule 13d-101) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO § 240.13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO 240.13d-2(a) Actuate Corporation (Name of Issuer) Common Stock, par value $0.001 per share (Title of Class of Securities) 00508B102 (CUSIP Number) Gordon A. Davies Open Text Corp

December 15, 2014 EX-10.2

AMENDMENT TO LETTER AGREEMENT

EX-10.2 3 d838269dex102.htm EX-10.2 Exhibit 10.2 AMENDMENT TO LETTER AGREEMENT This Agreement (the “Amendment”) is entered into by and between Daniel A. Gaudreau (the “Executive”) and Actuate Corporation, a Delaware corporation (the “Company”) as of December 15, 2014. WHEREAS, on July 24, 2014, the Company and the Executive amended and superseded the Change in Control Agreement, dated January 1, 2

December 10, 2014 SC14D9C

BIRT / Actuate Corp SC14D9C - - SCHEDULE 14D-9

SC14D9C 1 d836713dsc14d9c.htm SCHEDULE 14D-9 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 ACTUATE CORPORATION (Name of Subject Company) ACTUATE CORPORATION (Name of Person Filing Statement) Common Stock, par value $0.001 per share (Title of Class of Securiti

December 9, 2014 SC14D9C

BIRT / Actuate Corp SC14D9C - - SC14D9C

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 ACTUATE CORPORATION (Name of Subject Company) ACTUATE CORPORATION (Name of Person Filing Statement) Common Stock, par value $0.001 per share (Title of Class of Securities) 00508B102 (CUSIP Number of Class of Secur

December 9, 2014 EX-10.3

AMENDMENT TO LETTER AGREEMENT

EX-10.3 Exhibit 10.3 AMENDMENT TO LETTER AGREEMENT This Agreement (the “Amendment”) is entered into by and between Dylan Boudraa (the “Executive”) and Actuate Corporation, a Delaware corporation (the “Company”) as of December 9, 2014. WHEREAS, the Company has entered into an Agreement and Plan of Merger (the “Merger Agreement”) with Open Text Corporation, a Canadian corporation (“Parent”), and cer

December 9, 2014 EX-10.1

AMENDMENT TO LETTER AGREEMENT

EX-10.1 Exhibit 10.1 AMENDMENT TO LETTER AGREEMENT This Agreement (the “Amendment”) is entered into by and between Nobby Akiha (the “Executive”) and Actuate Corporation, a Delaware corporation (the “Company”) as of December 9, 2014. WHEREAS, the Company has entered into an Agreement and Plan of Merger (the “Merger Agreement”) with Open Text Corporation, a Canadian corporation (“Parent”), and certa

December 9, 2014 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

8-K 1 d834996d8k.htm 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 December 9, 2014 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commission Fi

December 9, 2014 EX-10.2

AMENDMENT TO LETTER AGREEMENT

EX-10.2 3 d834996dex102.htm EX-10.2 Exhibit 10.2 AMENDMENT TO LETTER AGREEMENT This Agreement (the “Amendment”) is entered into by and between Thomas E. McKeever (the “Executive”) and Actuate Corporation, a Delaware corporation (the “Company”) as of December 9, 2014. WHEREAS, the Company has entered into an Agreement and Plan of Merger (the “Merger Agreement”) with Open Text Corporation, a Canadia

December 5, 2014 EX-4.1

FIRST AMENDMENT TO RIGHTS AGREEMENT

EX-4.1 Exhibit 4.1 EXECUTION VERSION FIRST AMENDMENT TO RIGHTS AGREEMENT This First Amendment (“Amendment”) to the Rights Agreement, effective as of December 4, 2014 amends that certain Rights Agreement dated as of June 18, 2014 (the “Rights Agreement”), by and between Actuate Corporation, a Delaware corporation (the “Company”), and Computershare Trust Company, N.A., a federally chartered trust co

December 5, 2014 EX-10.1

TENDER AND VOTING AGREEMENT

EX-10.1 Exhibit 10.1 EXECUTION VERSION TENDER AND VOTING AGREEMENT THIS TENDER AND VOTING AGREEMENT (this “Agreement”), dated as of December 5, 2014, is made by and among Open Text Corporation, a Canadian corporation (“Parent”), Asteroid Acquisition Corporation, a Delaware corporation and wholly-owned subsidiary of Parent (“Merger Sub”), and each Stockholder listed on Annex I (each, a “Stockholder

December 5, 2014 EX-10.2

AMENDMENT TO LETTER AGREEMENT

EX-10.2 Exhibit 10.2 AMENDMENT TO LETTER AGREEMENT This Agreement (the “Amendment”) is entered into by and between Peter Cittadini (the “Executive”) and Actuate Corporation, a Delaware corporation (the “Company”) as of December 5, 2014. WHEREAS, on or about the date hereof, the Company is entering into an Agreement and Plan of Merger (the “Merger Agreement”) with Open Text Corporation, a Canadian

December 5, 2014 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Entry into a Material Definitive Agreement, Material Modification to Rights of Security Holders, Financial Statements and Exhibits, Other Events

8-K 1 d833541d8k.htm 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 December 4, 2014 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commissi

December 5, 2014 SC TO-C

TSX:OTC / Open Text Corp SC TO-C - - SC TO-C

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (RULE 14d-100) Tender Offer Statement Pursuant to Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 Actuate Corporation (Name of Subject Company) Asteroid Acquisition Corporation (Offeror) Open Text Corporation (Parent of Offeror) (Names of Filing Persons) COMMON STOCK, PAR VALUE $0.001 PER SHARE

December 5, 2014 EX-2.1

AGREEMENT AND PLAN OF MERGER by and among ACTUATE CORPORATION, OPEN TEXT CORPORATION, ASTEROID ACQUISITION CORPORATION DECEMBER 5, 2014 TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS 2 Section 1.01 Definitions 2 Section 1.02 Other Definitional and Inte

EX-2.1 2 d833541dex21.htm EX-2.1 Exhibit 2.1 EXECUTION VERSION AGREEMENT AND PLAN OF MERGER by and among ACTUATE CORPORATION, OPEN TEXT CORPORATION, and ASTEROID ACQUISITION CORPORATION DECEMBER 5, 2014 TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS 2 Section 1.01 Definitions 2 Section 1.02 Other Definitional and Interpretative Provisions 14 ARTICLE 2 THE OFFER AND THE MERGER 14 Section 2.01 The Off

December 5, 2014 EX-10.3

AMENDMENT TO LETTER AGREEMENT

EX-10.3 6 d833541dex103.htm EX-10.3 Exhibit 10.3 AMENDMENT TO LETTER AGREEMENT This Agreement (the “Amendment”) is entered into by and between Daniel Gaudreau (the “Executive”) and Actuate Corporation, a Delaware corporation (the “Company”) as of December 5, 2014. WHEREAS, on or about the date hereof, the Company is entering into an Agreement and Plan of Merger (the “Merger Agreement”) with Open T

December 5, 2014 SC14D9C

BIRT / Actuate Corp SC14D9C - - SC14D9C

SC14D9C UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 ACTUATE CORPORATION (Name of Subject Company) ACTUATE CORPORATION (Name of Person Filing Statement) Common Stock, par value $0.001 per share (Title of Class of Securities) 00508B102 (CUSIP Number of Class

December 5, 2014 EX-99.1

Samantha Singh, Corporate Communications, Actuate

EX-99.1 7 d833541dex991.htm EX-99.1 Exhibit 99.1 Press Release Contact Jacob Moelter, Market Street Partners [email protected] +1.415.445.3235 Samantha Singh, Corporate Communications, Actuate [email protected] +1.650.645.3078 Actuate Signs Agreement to be Acquired by OpenText San Mateo, Calif., – December 5, 2014 – Actuate Corporation (NASDAQ: BIRT), The BIRT Company™ and the leader in personalized

November 21, 2014 CORRESP

BIRT / Actuate Corp CORRESP - -

CORRESP 1 filename1.htm November 21, 2014 Mr. Stephen Krikorian Accounting Branch Chief Division of Corporate Finance Securities and Exchange Commission Washington, D.C. 20549 Re: Actuate Corporation Form 10-K for the fiscal year ended December 31, 2013 - Filed March 7, 2014 Form 10-Q for the quarterly period ended June 30, 2014 - Filed August 7, 2014 Forms 8-K furnished on August 6, 2014, May 1,

November 10, 2014 8-K

Entry into a Material Definitive Agreement, Financial Statements and Exhibits

8-K 1 d818484d8k.htm 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 November 6, 2014 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commissi

November 10, 2014 EX-10.1

INDEMNIFICATION AGREEMENT

EX-10.1 Exhibit 10.1 INDEMNIFICATION AGREEMENT THIS AGREEMENT (the “Agreement”) is made and entered into as of , between Actuate Corporation, a Delaware corporation (the “Company”), and (“Indemnitee”). WITNESSETH THAT: WHEREAS, Indemnitee performs a valuable Services for the Company; and WHEREAS, the Board of Directors of the Company has adopted Bylaws (the “Bylaws”) providing for the indemnificat

November 6, 2014 10-Q

BIRT 10-Q (Quarterly Report)

10-Q 1 d795746d10q.htm 10-Q Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2014 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period f

November 6, 2014 SC 13D/A

BIRT / Actuate Corp / Vector Capital IV, L.P. - SC 13D/A Activist Investment

SC 13D/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D [Rule 13d-101] Under the Securities Exchange Act of 1934 (Amendment No. 1 )* Actuate Corporation (Name of Issuer) Common Stock, $0.001 par value (Title of Class of Securities) 00508B102 (CUSIP Number) Vector Capital IV, L.P. Vector Capital Partners IV, L.P. Vector Entrepreneur Fund III, L.P. Vector Capita

November 5, 2014 CORRESP

BIRT / Actuate Corp CORRESP - -

CORRESP From: Thomas McKeever Sent: Thursday, October 23, 2014 2:57 PM To: ‘Tangen, Tamara’; Dan Gaudreau Subject: RE: SEC Comment Letter: Actuate Corporation Form 10-K 2014 10 23 Letter Ms.

November 4, 2014 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

8-K 1 a50976635.htm ACTUATE CORPORATION 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 November 4, 2014 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporat

November 4, 2014 EX-99.1

Actuate Reports Third Quarter 2014 Financial Results

EX-99.1 2 a50976635ex991.htm EXHIBIT 99.1 Exhibit 99.1 Actuate Reports Third Quarter 2014 Financial Results + $24.4 million in total non-GAAP revenue; + $1.8 million of subscription bookings; + $18.2 million in non-GAAP services revenue; + Non-GAAP fully diluted EPS of $0.01; + Over 15,000 BIRT iHub F-Type downloads since July 10, 2014 launch; + Ranked #1 by Dresner Advisory Services in their Embe

October 30, 2014 8-K

Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Financial Statements and Exhibits

8-K 1 d809303d8k.htm 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 October 29, 2014 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commissi

October 30, 2014 EX-3.1

Amendment No. 4 to Amended and Restated Bylaws

EX-3.1 2 d809303dex31.htm EX-3.1 Exhibit 3.1 Amendment No. 4 to Amended and Restated Bylaws Section 2.8 of the Amended and Restated Bylaws of Actuate Corporation is hereby amended and restated in its entirety as follows: “2.8 At any meeting of stockholders, the holders of a majority in number of the total outstanding shares of stock of the Corporation entitled to vote at such meeting, present in p

September 5, 2014 S-8

ACTU / S-8 - - S-8

S-8 1 d784174ds8.htm S-8 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM S-8 REGISTRATION STATEMENT Under The Securities Act of 1933 ACTUATE CORPORATION (Exact name of registrant as specified in its charter) DELAWARE 94-3193197 (State or other jurisdiction of incorporation or organization) (IRS Employer Identification No.) 951 Mariners Island Boulevard San Mateo, Calif

August 7, 2014 10-Q

BIRT 10-Q (Quarterly Report)

10-Q 1 d747528d10q.htm 10-Q Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2014 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from t

August 6, 2014 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

8-K 1 a50920286.htm ACTUATE CORPORATION 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 August 6, 2014 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporatio

August 6, 2014 EX-99.1

Actuate Reports Second Quarter 2014 Financial Results

EX-99.1 2 a50920286ex991.htm EXHIBIT 99.1 Exhibit 99.1 Actuate Reports Second Quarter 2014 Financial Results + $1.6 million of subscription bookings, up 23% sequentially; + $26.7 million in total non-GAAP revenue; + $7.3 million in license revenue; + $19.4 million in non-GAAP services revenue, up 7% sequentially, up 3% YoY; + Maintenance renewal rate over 90%; + Launched BIRT iHub F-Type™ on July

July 24, 2014 EX-10.1

PART ONE — DEFINITIONS

EX-10.1 Exhibit 10.1 [ , 2014] NAME ADDRESS CITY, STATE ZIP Dear NAME, You currently participate in a special severance benefit program (the “Program”) which the Compensation Committee of the Company’s Board of Directors approved for you and other senior executives. The terms and conditions governing your severance benefits were originally set forth in a letter agreement between you and the Compan

July 24, 2014 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

8-K 1 d764160d8k.htm 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 July 21, 2014 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commission

June 23, 2014 8-A12G

- FORM 8-A12G

8-A12G 1 d744004d8a12g.htm FORM 8-A12G UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-A FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES PURSUANT TO SECTION 12(b) OR (g) OF THE SECURITIES EXCHANGE ACT OF l934 Actuate Corporation (Exact name of Registrant as specified in its charter) Delaware 94-3193197 (State of incorporation or organization) (I.R.S. Employer Ident

June 23, 2014 8-K

Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Entry into a Material Definitive Agreement, Material Modification to Rights of Security Holders, Financial Statements and Exhibits

8-K 1 d744102d8k.htm FORM 8-K 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 June 17, 2014 Date of Report (Date of earliest event reported) ACTUATE CORPORATION (Exact name of Registrant as specified in its charter) Delaware 0-24607 94-3193197 (State or other jurisdiction of incorpo

June 23, 2014 EX-3.1

CERTIFICATE OF DESIGNATIONS SERIES A JUNIOR PARTICIPATING PREFERRED STOCK ACTUATE CORPORATION (Pursuant to Section 151 of the Delaware General Corporation Law)

EX-3.1 2 d744102dex31.htm EX-3.1 Exhibit 3.1 CERTIFICATE OF DESIGNATIONS of SERIES A JUNIOR PARTICIPATING PREFERRED STOCK of ACTUATE CORPORATION (Pursuant to Section 151 of the Delaware General Corporation Law) Actuate Corporation, a corporation organized and existing under the General Corporation Law of the State of Delaware (hereinafter called the “Corporation”), hereby certifies that the follow

June 23, 2014 EX-4.1

RIGHTS AGREEMENT ACTUATE CORPORATION COMPUTERSHARE TRUST COMPANY, N.A., RIGHTS AGENT DATED AS OF June 18, 2014 TABLE OF CONTENTS Page Section 1. Definitions 1 Section 2. Appointment of Rights Agent 6 Section 3. Evidence of Rights Before Distribution

EX-4.1 3 d744102dex41.htm EX-4.1 Exhibit 4.1 RIGHTS AGREEMENT BETWEEN ACTUATE CORPORATION AND COMPUTERSHARE TRUST COMPANY, N.A., RIGHTS AGENT DATED AS OF June 18, 2014 TABLE OF CONTENTS Page Section 1. Definitions 1 Section 2. Appointment of Rights Agent 6 Section 3. Evidence of Rights Before Distribution Date; Transfer; Legends 7 Section 4. Evidence of Rights After the Distribution Date; Form of

May 28, 2014 SC 13D

BIRT / Actuate Corp / Vector Capital IV, L.P. - SC 13D Activist Investment

SC 13D UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D [Rule 13d-101] Under the Securities Exchange Act of 1934 (Amendment No. )* Actuate Corporation (Name of Issuer) Common Stock, $0.001 par value (Title of Class of Securities) 00508B102 (CUSIP Number) Vector Capital IV, L.P. Vector Capital Partners IV, L.P. Vector Entrepreneur Fund III, L.P. Vector Capital Pa

May 28, 2014 EX-1

JOINT FILING AGREEMENT PURSUANT TO RULE 13d-1(k)(1)

EX-1 2 d732615dex1.htm EX-1 Exhibit 99.1 JOINT FILING AGREEMENT PURSUANT TO RULE 13d-1(k)(1) This agreement is made pursuant to Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended (the “Act”) by and among the parties listed below, each referred to herein as a “Joint Filer.” The Joint Filers agree that a statement of beneficial ownership as required by Section 13(d) of the Act an

May 22, 2014 8-K

Submission of Matters to a Vote of Security Holders

8-K 1 d732480d8k.htm 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 May 21, 2013 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commission F

May 8, 2014 10-Q

BIRT FORM 10-Q (Quarterly Report)

10-Q 1 d702534d10q.htm FORM 10-Q Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2014 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period

May 1, 2014 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

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 May 1, 2014 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commission File Number) (IRS Employer Ident

May 1, 2014 EX-99.1

Actuate Reports First Quarter 2014 Financial Results

Exhibit 99.1 Actuate Reports First Quarter 2014 Financial Results + Recorded $1.2 million of subscription bookings in Q1; + Completed acquisition of legodo ag; + Maintenance renewal rate over 90%; + Over 3.5 Million BIRT developers worldwide. SAN MATEO, Calif.-(BUSINESS WIRE)-May 1, 2014-Actuate Corporation (NASDAQ:BIRT), The BIRT Company™ and the leader in personalized analytics and insights, tod

April 11, 2014 DEF 14A

- DEFINITIVE PROXY STATEMENT

DEF 14A 1 d657419ddef14a.htm DEFINITIVE PROXY STATEMENT UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A INFORMATION PROXY STATEMENT PURSUANT TO SECTION 14(a) OF THE SECURITIES EXCHANGE ACT OF 1934 Filed by the Registrant þ Filed by a Party other than the Registrant ¨ Check the appropriate box: ¨ Preliminary Proxy Statement ¨ Confidential, for Use of the Commiss

February 14, 2014 SC 13G/A

BIRT / Actuate Corp / Wellington Management Group LLP - DISCLOSURE DOCUMENT Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 1)* Actuate Corporation (Name of Issuer) Common Stock (Title of Class of Securities) 00508B102 (CUSIP Number) December 31, 2013 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this Sch

February 10, 2014 SC 13G/A

BIRT / Actuate Corp / VANGUARD GROUP INC Passive Investment

SC 13G/A 1 actuatecorp.htm SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Schedule 13G Under the Securities Exchange Act of 1934 (Amendment No.: 2 )* Name of issuer: Actuate Corp Title of Class of Securities: Common Stock CUSIP Number: 00508B102 Date of Event Which Requires Filing of this Statement: December 31, 2013 Check the appropriate box to designate the rule pursuant to which this

February 4, 2014 EX-99.1

Actuate Reports Fourth Quarter and Full Year 2013 Financial Results

EX-99.1 2 a50797293ex991.htm EXHIBIT 99.1 Exhibit 99.1 Actuate Reports Fourth Quarter and Full Year 2013 Financial Results + Double digit growth for BIRT iHub-based license business and total BIRT iHub-based business in 2013; + FY 2013 cash flow from operations of $24 Million, up 20% year-over-year; + Recorded $1.3 million of subscription bookings in Q4; + Acquired German software firm legodo ag o

February 4, 2014 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

8-K 1 a50797293.htm ACTUATE CORPORATION 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 February 4, 2014 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporat

November 5, 2013 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

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 November 5, 2013 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commission File Number) (IRS Employer

November 5, 2013 EX-99.1

Actuate Reports Third Quarter 2013 Financial Results

EX-99.1 2 a50744527ex991.htm EXHIBIT 99.1 Exhibit 99.1 Actuate Reports Third Quarter 2013 Financial Results + Total license revenue of $14.3 million, up 8% year-over-year + BIRT iHub-based license business up 56% year-over-year + Total BIRT iHub-based business up 38% year-over-year + Number of BIRT developers surges above 3 Million worldwide SAN MATEO, Calif.-(BUSINESS WIRE)-November 5, 2013-Actua

August 5, 2013 S-8

- S-8

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM S-8 REGISTRATION STATEMENT Under The Securities Act of 1933 ACTUATE CORPORATION (Exact name of registrant as specified in its charter) DELAWARE 94-3193197 (State or other jurisdiction of incorporation or organization) (IRS Employer Identification No.) 951 Mariners Island Boulevard San Mateo, California 94404 (650) 645-300

August 1, 2013 EX-99.1

Actuate Reports Second Quarter 2013 Financial Results

EX-99.1 2 a50683542ex991.htm EXHIBIT 99.1 Exhibit 99.1 Actuate Reports Second Quarter 2013 Financial Results + Total BIRT iHub-based business and iHub-based license business continues double digit growth + Record BIRT license business + Record BIRT license business from open source BIRT users + Record average license order size from open source BIRT users + Solid momentum in BIRT Analytics busines

August 1, 2013 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

8-K 1 a50683542.htm ACTUATE CORPORATION 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 August 1, 2013 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporatio

July 2, 2013 8-K

Entry into a Material Definitive Agreement, Termination of a Material Definitive Agreement, Financial Statements and Exhibits, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

8-K 1 d562632d8k.htm 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 June 30, 2013 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commission

July 2, 2013 EX-10.1

CREDIT AGREEMENT EFFECTIVE AS OF June 30, 2013 ACTUATE CORPORATION, as the Borrower THE LENDERS PARTY HERETO, THE GUARANTORS PARTY HERETO U.S. BANK NATIONAL ASSOCIATION as Administrative Agent U.S. BANK NATIONAL ASSOCIATION as Syndication Agent U.S.

EX-10.1 2 d562632dex101.htm EX-10.1 Exhibit 10.1 CREDIT AGREEMENT EFFECTIVE AS OF June 30, 2013 AMONG ACTUATE CORPORATION, as the Borrower THE LENDERS PARTY HERETO, THE GUARANTORS PARTY HERETO U.S. BANK NATIONAL ASSOCIATION as Administrative Agent U.S. BANK NATIONAL ASSOCIATION as Syndication Agent and U.S. BANK NATIONAL ASSOCIATION as Lead Arranger and Bookrunner TABLE OF CONTENTS Page ARTICLE I

May 24, 2013 8-K

Submission of Matters to a Vote of Security Holders

8-K 1 d544737d8k.htm 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 May 22, 2013 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commission F

April 29, 2013 EX-99.1

Actuate Reports First Quarter 2013 Financial Results

EX-99.1 2 a50620713ex991.htm EXHIBIT 99.1 Exhibit 99.1 Actuate Reports First Quarter 2013 Financial Results + Q1 license revenue up 16% year-over-year to $15.5 million + Total BIRT iHub-based business and iHub-based license business growth accelerating + Growth in BIRT developers to over 2.5 million worldwide + Over 100,000 total registrations on the BIRT Exchange SAN MATEO, Calif.-(BUSINESS WIRE)

April 29, 2013 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

8-K 1 a50620713.htm ACTUATE CORPORATION 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 April 29, 2013 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporatio

April 12, 2013 DEF 14A

- DEFINITIVE PROXY STATEMENT

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A INFORMATION PROXY STATEMENT PURSUANT TO SECTION 14(a) OF THE SECURITIES EXCHANGE ACT OF 1934 Filed by the Registrant þ Filed by a Party other than the Registrant ¨ Check the appropriate box: ¨ Preliminary Proxy Statement ¨ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) þ Definitive

February 22, 2013 SC 13G/A

BIRT / Actuate Corp / VANGUARD GROUP INC Passive Investment

SC 13G/A 1 actuatecorp.htm SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Schedule 13G Under the Securities Exchange Act of 1934 (Amendment No.: 1 )* Name of issuer: Actuate Corp Title of Class of Securities: Common Stock CUSIP Number: 00508B102 Date of Event Which Requires Filing of this Statement: December 31, 2012 Check the appropriate box to designate the rule pursuant to which this

February 14, 2013 SC 13G

BIRT / Actuate Corp / WELLINGTON MANAGEMENT GROUP LLP - DISCLOSURE DOCUMENT Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. )* Actuate Corporation (Name of Issuer) Common Stock (Title of Class of Securities) 00508B102 (CUSIP Number) December 31, 2012 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this Sche

February 13, 2013 SC 13G

BIRT / Actuate Corp / VANGUARD GROUP INC Passive Investment

SC 13G 1 actuatecorp.htm SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Schedule 13G Under the Securities Exchange Act of 1934 (Amendment No.: 0 )* Name of issuer: Actuate Corp Title of Class of Securities: Common Stock CUSIP Number: 00508B102 Date of Event Which Requires Filing of this Statement: December 31, 2012 Check the appropriate box to designate the rule pursuant to which this S

February 4, 2013 EX-99.1

Actuate Reports Fourth Quarter and Full Year 2012 Financial Results

EX-99.1 2 a50552667-ex991.htm EXHIBIT 99.1 Exhibit 99.1 Actuate Reports Fourth Quarter and Full Year 2012 Financial Results + Over $100 million in BIRT revenue since inception; + Record annual BIRT license business of $20 million, up 21% year-over-year; + Total Q4 license revenue up 17% year-over-year; + Annual license revenue up 18% year-over-year; + Q4 non-GAAP fully diluted EPS of $0.09; + Annu

February 4, 2013 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

8-K 1 a50552667.htm ACTUATE CORPORATION 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 February 4, 2013 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporat

October 30, 2012 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

8-K 1 a50458189.htm ACTUATE CORPORATION 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 October 29, 2012 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporat

October 30, 2012 EX-99.1

Actuate Reports Third Quarter 2012 Financial Results

EX-99.1 2 a50458189ex991.htm EXHIBIT 99.1 Exhibit 99.1 Actuate Reports Third Quarter 2012 Financial Results + Q3 license revenue up 13% year-over-year to $13.3 million + Year-to-date license revenue up 18% year-over-year + Non-GAAP Operating margin of 18% + Q3 non-GAAP fully diluted EPS of $0.08 + Acquisition of Quiterian adds visual data mining, social media analytics and predictive analytics for

September 20, 2012 S-8

- FORM S-8

As filed with the United States Securities and Exchange Commission on September 20, 2012 Registration No.

August 3, 2012 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

8-K 1 a50365351.htm ACTUATE CORPORATION 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 August 2, 2012 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporatio

August 3, 2012 EX-99.1

Actuate Reports Second Quarter 2012 Financial Results and Approval of $30 Million Share Repurchase Program

EX-99.1 2 a50365351ex991.htm EXHIBIT 99.1 Exhibit 99.1 Actuate Reports Second Quarter 2012 Financial Results and Approval of $30 Million Share Repurchase Program License revenue up 26% year-over-year to $15.7 million; Non-GAAP operating margin of 25%; Non-GAAP operating income up 11% year-over-year to $9.0 million; Non-GAAP fully diluted EPS of $0.12; Record quarterly operating cash flow of $16.9

May 24, 2012 8-K

Submission of Matters to a Vote of Security Holders

8-K 1 d358164d8k.htm 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 May 23, 2012 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commission F

May 10, 2012 EX-99.1

ACTUATE CORPORATION RESTRICTED STOCK UNIT AWARD AGREEMENT

EX-99.1 2 d349916dex991.htm FORM OF RESTRICTED STOCK UNIT AWARD AGREEMENT Exhibit 99.1 ACTUATE CORPORATION RESTRICTED STOCK UNIT AWARD AGREEMENT RECITALS A. The Corporation has implemented the Plan as an equity incentive program to encourage key employees and officers of the Corporation and the non-employee members of the Board to remain in the employ or service of the Corporation by providing the

May 10, 2012 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

8-K 1 d349916d8k.htm 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 May 8, 2012 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commission Fi

May 3, 2012 EX-99.1

Actuate Reports First Quarter 2012 Financial Results

EX-99.1 2 a50264807ex991.htm EXHIBIT 99.1 Exhibit 99.1 Actuate Reports First Quarter 2012 Financial Results + License Revenue Up 15% Year-over-year; + Non-GAAP Operating Income Up 51% Year-over-year to $8.5 Million; + Non-GAAP Fully Diluted EPS of $0.11 Up 38% Year-over-year. SAN MATEO, Calif.-(BUSINESS WIRE)-May 3, 2012-Actuate Corporation (NASDAQ:BIRT), the people behind BIRT® and the leader in

May 3, 2012 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

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 May 3, 2012 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commission File Number) (IRS Employer Ident

April 12, 2012 DEF 14A

- DEFINITIVE PROXY STATEMENT

Definitive Proxy Statement UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

April 12, 2012 DEFA14A

- DEFINITIVE ADDITIONAL MATERIALS

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A INFORMATION PROXY STATEMENT PURSUANT TO SECTION 14(a) OF THE SECURITIES EXCHANGE ACT OF 1934 Filed by the Registrant þ Filed by a Party other than the Registrant ¨ Check the appropriate box: ¨ Preliminary Proxy Statement ¨ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ¨ Definitive

February 24, 2012 CORRESP

-

February 24, 2012 Ms. Kathleen Collins Accounting Branch Chief Division of Corporate Finance Securities and Exchange Commission Washington, D.C. 20549 RE: Re: Actuate Corporation Form l0-K for the Fiscal Year Ended December 31, 2010, Filed March 11, 2011 Form 8-K, Filed May 31, 2011 File No. 000-24607 Dear Ms. Collins: On February 21, 2012 Actuate filed a response to the letter from the Securities

February 21, 2012 CORRESP

-

Actuate Corporation has claimed confidential treatment of portions of this letter in accordance with 17 C.

January 31, 2012 EX-99.1

Actuate Reports Fourth Quarter and Fiscal Year 2011 Financial Results

EX-99.1 2 a50149975ex991.htm EXHIBIT 99.1 Exhibit 99.1 Actuate Reports Fourth Quarter and Fiscal Year 2011 Financial Results + Record Annual BIRT License Business of $16.2 million Up 70% Year-over-year; + Total Q4 License Revenue Up 13% Year-over-year; + Q4 Non-GAAP Operating Margins of 27.5%; + Q4 Non-GAAP Fully Diluted EPS Up 25% Over Prior Year to $0.15; + Annual Non-GAAP Fully Diluted EPS of $

January 31, 2012 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

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 January 30, 2012 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commission File Number) (IRS Employer

January 25, 2012 CORRESP

-

January 25, 2012 Ms. Kathleen Collins Accounting Branch Chief Division of Corporate Finance Securities and Exchange Commission Washington, D.C. 20549 RE: Actuate Corporation Form 10-K for the Fiscal Year Ended December 31, 2010, Filed March 11, 2011 Form 8-K, Filed May 31, 2011 File No. 000-24607 REQUEST FOR EXTENSION OF TIME TO RESPOND TO COMMENT LETTER DATED JANUARY 20, 2012 Dear Ms. Collins: We

January 3, 2012 8-K

Entry into a Material Definitive Agreement, Financial Statements and Exhibits, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

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 December 29, 2011 Date of Report (Date of earliest event reported) Actuate Corporation (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 (State of Incorporation) (Commission File Number) (IRS Employer

January 3, 2012 EX-10.1

AMENDMENT NUMBER THREE TO CREDIT AGREEMENT

Amendment to Credit Agreement Exhibit 10.1 AMENDMENT NUMBER THREE TO CREDIT AGREEMENT This AMENDMENT NUMBER THREE TO CREDIT AGREEMENT, (this “Amendment”), dated as of December 29, 2011, is entered into by and among ACTUATE CORPORATION, a Delaware corporation (the “Borrower”), the lenders identified on the signature pages hereof (such lenders, and the other lenders party to the below-defined Credit

December 29, 2011 CORRESP

-

December 29, 2011 Ms. Kathleen Collins Accounting Branch Chief Division of Corporate Finance Securities and Exchange Commission Washington, D.C. 20549 RE: Actuate Corporation Form l0-K for the Fiscal Year Ended December 31, 2010, Filed March 11, 2011 Form 8-K, Filed May 31, 2011 File No. 000-24607 Dear Ms. Collins: We are writing in response to the letter from the Securities and Exchange Commissio

December 8, 2011 CORRESP

-

December 8, 2011 Ms. Kathleen Collins Accounting Branch Chief Division of Corporate Finance Securities and Exchange Commission Washington, D.C. 20549 RE: ACTUATE CORPORATION REQUEST FOR EXTENSION OF TIME TO RESPOND TO COMMENT LETTER DATED DECEMBER 6, 2011 File No. 000-24607 Dear Ms. Collins: We are writing in response to the letter from the Securities and Exchange Commission (the “Commission”) dat

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