cryolife8k73107.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) OF THE
SECURITIES
EXCHANGE ACT OF 1934
Date
of Report (Date of earliest event reported): July 31,
2007
_______________________
CRYOLIFE,
INC.
(Exact
name of registrant as specified in its charter)
_________________________
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Florida
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1-13165
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59-2417093
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(State
or Other Jurisdiction
of
Incorporation)
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(Commission
File Number)
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(IRS
Employer
Identification
No.)
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1655
Roberts Boulevard, N.W., Kennesaw,
Georgia 30144
(Address
of principal executive office) (zip code)
Registrant's
telephone number, including area code: (770) 419-3355
_____________________________________________________________
(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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o
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Written
communications pursuant to Rule 425 under the Securities Act (17
CFR
230.425)
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o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o
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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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o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR
240.13e-4(c))
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Section
2 – Financial Information
Item
2.02 Results of Operations and Financial
Condition.
On
July 31, 2007, CryoLife, Inc.
(“CryoLife” or the “Company”) issued a press release announcing its financial
results for the second quarter ended June 30, 2007 and the first half of
2007. CryoLife hereby incorporates by reference herein the information set
forth in its Press Release dated July 31, 2007, a copy of which is attached
hereto as Exhibit 99.1. Except as otherwise provided in the press release,
the
press release speaks only as of the date of such press release and it shall
not
create any implication that the affairs of CryoLife have continued unchanged
since such date.
The
press release includes non-GAAP
financial measures, including adjusted non-GAAP net income and earnings per
share, and management believes that these non-GAAP financial measures provide
a
better period-to-period comparison of operational performance.
The
information provided pursuant to
this Item 2.02 is to be considered “furnished” pursuant to Item 2.02 of Form 8-K
and shall not be deemed to be “filed” for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended, or otherwise subject to the
liabilities of that Section or Sections 11 and 12(a)(2) of the Securities Act
of
1933, as amended, nor shall it be deemed incorporated by reference into any
of
CryoLife’s reports or filings with the Securities and Exchange Commission
(“SEC”), whether made before or after the date hereof, except as expressly set
forth by specific reference in such report or filing.
Except
for the historical information
contained in this report, the statements made by CryoLife are forward-looking
statements that involve risks and uncertainties. All such statements are subject
to the safe harbor created by the Private Securities Litigation Reform Act
of
1995. CryoLife’s future financial performance could differ significantly from
the expectations of management and from results expressed or implied in the
press release. Please refer to the last paragraph of the press release for
further discussion about forward-looking statements. For further information
on
risk factors, please refer to “Risk Factors” contained in CryoLife’s Form 10-K
for the year ended December 31, 2006, as filed with the SEC, and any subsequent
SEC filings. CryoLife disclaims any obligation or duty to update or modify
these
forward-looking statements.
Section
9– Financial Statements and
Exhibits.
Item
9.01(c) Exhibits.
(a)
Financial Statements.
Not
applicable.
(b)
Pro
Forma Financial Information.
Not
applicable.
(c)
Shell
Company Transactions.
Not
applicable.
(d)
Exhibits.
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Exhibit
Number
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Description
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99.1*
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Press
release dated July 31, 2007
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* This
exhibit is furnished, not filed.
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, CryoLife, Inc.
has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
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CRYOLIFE,
INC.
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Date: July
31, 2007
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By: /s/
D. A. Lee
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Name:
D. Ashley Lee
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Title:
Executive Vice President, Chief Operating Officer and Chief
Financial Officer
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