UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE TO
Tender Offer Statement under Section 14(d)(1) or 13(e)(1)
of the Securities Exchange Act of 1934
Progress Software Corporation
(Name of Subject Company (Issuer))
Progress Software Corporation
(Name of Filing Person (Issuer and Offeror))
Options to Purchase Shares of Common Stock, Par Value $0.01 Per Share
(Title of Class of Securities)
Not applicable
(CUSIP Number of Class of Securities)
Joseph W. Alsop
Progress Software Corporation
14 Oak Park
Bedford, Massachusetts 01730
(781) 280-4000
(Name, address, and telephone numbers of person authorized
to receive notices and communications on behalf of filing persons)
with copies to:
John D. Hancock, Esq.
Foley Hoag llp
155 Seaport Boulevard
Boston, Massachusetts 02210
Calculation of Filing Fee
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Amount of filing fee |
Not Applicable*
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Not Applicable* |
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A filing fee is not required in connection with this filing as it contains only preliminary
communications made before the commencement of a tender offer. |
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Check the box if any part of the fee is offset
as provided by Rule 0-11(a)(2) and identify the
filing with which the offsetting fee was
previously paid. Identify the previous filing
by registration statement number, or the Form or
Schedule and the date of its filing. |
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Amount Previously Paid: |
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Form or Registration No.: |
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Filing Party: |
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Date Filed: |
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Check the box if the filing relates solely to
preliminary communications made before the
commencement of a tender offer. |
Check the appropriate boxes below to designate any transactions to which the
statement relates:
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third-party tender offer subject to Rule 14d-1. |
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issuer tender offer subject to Rule 13e-4. |
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going-private transaction subject to Rule 13e-3. |
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amendment to Schedule 13D under Rule 13d-2. |
Check the following box if the filing is a final amendment reporting the
results of the tender offer:
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This Tender Offer Statement on Schedule TO (“Schedule TO”) is filed by Progress Software
Corporation. Pursuant to Rule 13e-4 of the Securities Exchange Act of 1934, as amended, and
General Instruction D to Schedule TO, this Schedule TO relates to pre-commencement communications
by Progress Software Corporation.
Item 12. Exhibits.
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Email to employees of Progress Software Corporation from Joseph W. Alsop, dated December 19, 2006. |