What is the main reason for Equinix filing this 8-K?

The primary reason for this 8-K filing is to update investors on the regulatory status of Equinix's proposed merger with Switch & Data Facilities Company, Inc. Specifically, Equinix is informing the market about its intention to voluntarily withdraw and re-file its Hart-Scott-Rodino (HSR) Act notification.

How does the voluntary re-filing affect the Switch & Data merger timeline?

The voluntary re-filing of the HSR notification extends the waiting period under the HSR Act. The previous expiration date was December 4, 2009, and the new expiration date is January 6, 2010. This provides the Antitrust Division with an additional 30 days for its review before it must decide whether to request further information.

What is the significance of the Antitrust Division needing more time to review the merger?

The need for additional review time suggests that antitrust authorities are conducting a thorough examination of the merger's potential impact on competition. While this may slightly delay the closing of the transaction, it is a standard part of the regulatory approval process for significant acquisitions and allows for a more comprehensive assessment.

EQIX 8-K: Regulation FD

Q: What other information is included in this 8-K filing?

In addition to the merger update, the filing also announces that Equinix presented at the NASDAQ OMX 23rd Investor Program on December 2, 2009, and includes the presentation slides used during that event as an exhibit.

Summary

Equinix Inc. (EQIX) filed an 8-K on December 1, 2009, primarily to disclose updates regarding its proposed merger with Switch & Data Facilities Company, Inc. The company announced its intention to voluntarily withdraw and re-file its Hart-Scott-Rodino (HSR) Act Notification and Report Form. This strategic move is intended to provide the Department of Justice's Antitrust Division with additional time for its review of the transaction, thereby extending the HSR waiting period. This extension, pushing the expiration of the waiting period to January 6, 2010, indicates a thorough regulatory review process. Investors should note that while this may suggest a slightly longer timeline to close the merger, it allows for a more comprehensive assessment by antitrust authorities, potentially mitigating future regulatory hurdles. Additionally, the filing noted that Equinix would be presenting at the NASDAQ OMX 23rd Investor Program on December 2, 2009, with presentation slides attached as an exhibit.

Key Highlights

1Equinix is voluntarily withdrawing and re-filing its HSR Act Notification and Report Form for the Switch & Data merger.
2This action extends the HSR waiting period related to the merger, now expiring on January 6, 2010.
3The re-filing is intended to allow the DOJ's Antitrust Division more time to complete its initial investigation.
4The merger with Switch & Data is subject to ongoing antitrust review.
5Equinix presented at the NASDAQ OMX 23rd Investor Program on December 2, 2009.
6Presentation slides from the investor program are attached as an exhibit.

EQUINIX INC 8-K Report, Regulation FD Disclosure (Dec 1, 2009)

Summary

Key Highlights

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