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): November 20, 2008
NUVASIVE, INC.
(Exact name of registrant as specified in its charter)
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| Delaware
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000-50744
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33-0768598 |
(State or Other Jurisdiction of
Incorporation)
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(Commission File
Number)
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(I.R.S. Employer Idenitifcaiton
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7475 Lusk Boulevard, San Diego, California 92121
(Address of principal executive offices, with zip code)
(858) 909-1800
(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 (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)) |
TABLE OF CONTENTS
Item 7.01
Regulation FD Disclosure
The following information, including the text of the transcript attached as an exhibit to this
Form 8-K, is being furnished pursuant to Item 7.01.
On November 20, 2008, NuVasive, Inc. (the “Company”) held a conference call with investors
and analysts in a question and answer format. A copy of the transcript of this call is attached as
Exhibit 99.1 to this Form 8-K.
The Company cautions you that statements included in the attached Exhibit 99.1 that are not a description of
historical facts are forward-looking statements that involve risks, uncertainties, assumptions and other
factors which, if they do not materialize or prove correct, could
cause the Company’s results to differ materially
from historical results or those expressed or implied by such forward-looking statements. The potential
risks and uncertainties that could cause actual growth and results to differ materially include, but are not
limited to: the risk that the Company’s exposure to off-label use of products in our portfolio is greater than
anticipated; the possibility that the DOJ may continue to investigate companies in the spine industry,
including the Company; the risk that industry standards with respect
to surgeon consultant practices may change; the
risk that the general condition of the spine industry may negatively
affect the Company at a level greater
than anticipated; and other risks and uncertainties more fully described in Company’s press releases
and periodic filings with the Securities and Exchange
Commission(the “SEC”).
The Company’s public filings with
the SEC are available at www.sec.gov. The Company
assumes no obligation to update any forward-looking statement to reflect events or circumstances arising
after the date on which it was made.
The Form 8-K and the information furnished herein shall not be deemed filed with the SEC, nor shall
it be deemed incorporated by reference in any filing with the SEC under the Securities Exchange Act
of 1934 or the Securities Act of 1933, whether made before or after the date hereof and
irrespective of any general incorporation language in any filings.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits
| 99.1 |
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Transcript of NuVasive, Inc. Conference Call on November 20, 2008
(furnished pursuant to Item 7.01 hereof). |
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