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 (or Date of Earliest Event Reported): October 28, 2004
EMERGE INTERACTIVE, INC.
(Exact name of registrant as specified in its charter)
| Delaware | 000-29037 | 65-0534535 | ||
| (State or other jurisdiction of incorporation or organization) |
(Commission File Number) | (IRS Employer Identification No.) |
| 10305 102nd Terrace Sebastian, FL |
32958 | |
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code: (772) 581-9700
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):
| ¨ | 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 2.02. RESULTS OF OPERATIONS AND FINANCIAL CONDITION.
The information in this Current Report and in the accompanying exhibit is being furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities and Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.
On October 28, 2004, eMerge Interactive, Inc. issued a press release announcing financial results for the quarter ended September 30, 2004. The information contained in this press release, which is attached hereto as Exhibit 99.1 is incorporated herein by reference.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS.
| Exhibit |
Description of Exhibit | |
| 99.1 | Press Release, dated October 28, 2004, announcing financial results for the quarter ended September 30, 2004. |
2
SIGNATURE
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, thereunto duly authorized.
Dated: October 28, 2004
| eMerge Interactive, Inc. | ||
| By: | /s/ Robert E. Drury | |
| Name: | Robert E. Drury | |
| Title: | Executive Vice President and | |
| Chief Financial Officer | ||
3
EXHIBIT INDEX
| Exhibit No. |
Description | |
| 99.1 | Press Release, dated October 28, 2004, announcing financial results for the quarter ended September 30, 2004 |
4