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

Date of Report (Date of earliest event reported)

August 2, 2007


Cholestech Corporation

(Exact name of registrant as specified in its charter)

California

 

000-20198

 

94-3065493

(State or other jurisdiction of incorporation)

 

(Commission File Number)

 

(IRS Employer
Identification No.)

 

3347 Investment Boulevard

Hayward, California 94545

(Address of principal executive offices, including zip code)

(510) 732-7200

(Registrant’s telephone number, including area code)

(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):

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o 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

On August 2, 2007, Cholestech Corporation (“Cholestech”) is issuing a press release and holding a conference call regarding its financial results for the first quarter ended June 29, 2007.  A copy of the press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated by reference.

The information in this Current Report on Form 8-K and the exhibit attached hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, regardless of any general incorporation language in such filing.

 

Use of Non-GAAP Financial Measure

To supplement our results presented in accordance with generally accepted accounting principles (GAAP), Cholestech uses a non-GAAP measure of operating results, cash earnings, which is adjusted from results based on GAAP to exclude certain non-cash expenses. The Company believes this measure provides meaningful supplemental information regarding Cholestech’s operating results given the current accumulated tax loss carryforwards and because it excludes amounts that are not related to Cholestech’s core operating results and facilitates the comparison of results for the current period with results for past periods.  Further, this non-GAAP measure is one of the primary indicators management uses for assessing our performance, allocating resources and planning and forecasting for future periods. Accordingly, the Company is disclosing this information to permit additional analysis of the Company’s performance. This measure should be considered in addition to results prepared in accordance with GAAP, but should not be considered a substitute for or superior to GAAP results.

Item 9.01.  Financial Statements and Exhibits

(d)  Exhibits

Exhibit No.

 

Description

 

 

 

99.1

 

Press Release of Cholestech Corporation dated August 2, 2007

 

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SIGNATURES

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 hereunto duly authorized.

 

 

 

CHOLESTECH CORPORATION

 

 

 

 

 

 

 

 

 

 

 

 

By:

/s/ John F. Glenn

 

 

 

 

 

 

John F. Glenn

 

 

 

 

 

 

Vice President of Finance and Chief Financial Officer

 

Date:  August 2, 2007

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EXHIBIT INDEX

Exhibit No.

 

Description

 

 

 

99.1

 

Press Release of Cholestech Corporation dated August 2, 2007

 

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