Boole & Babbage Announces Filing of Motion for Preliminary Injunction by Platinum Technology.SAN JOSE San Jose, city, United States San Jose (sănəzā`, săn hōzā`), city (1990 pop. 782,248), seat of Santa Clara co., W central Calif.; founded 1777, inc. 1850. , Calif.--(BUSINESS WIRE)--Nov. 16, 1998--Boole & Babbage, Inc. (Nasdaq:BOOL) today announced that Platinum Technology Platinum Technology Inc. was founded by Andrew Filipowski in 1987 to market and support deployment of Database Management software products and the applications enabled by database management technology and render related services. , Inc. (Nasdaq:PLAT) filed a Complaint and Motion for Preliminary Injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. on Nov. 13, 1998 in the Circuit Court of the Eighteenth Judicial Circuit Chancery Division, Dupage County, Wheaton, Ill. The complaint alleges that Boole is in breach of a standstill and exclusive negotiation agreement with Platinum, and further, that BMC Software, Inc. (Nasdaq:BMCS BMCS Bristol Muslim Cultural Society (UK) BMCS Senior Chief Boatswain's Mate (Naval Rating) BMCS Blue Mountains Conservation Society (Wentworth Falls, NSW, Australia) ) tortiously Tor´tious`ly adv. 1. (Law) In a tortous manner. interfered with such alleged agreement when it negotiated and executed the merger agreement announced on Nov. 2, 1998. Platinum seeks entry of an injunction voiding this merger agreement and requiring Boole to negotiate exclusively with it for an uninterrupted 120-day period. The Company is currently evaluating the complaint but believes that the claims by Platinum are without merit, and intends to vigorously defend itself against the allegations in the complaint. The Company continues to believe that the BMC (BMC Software, Inc., Houston, TX, www.bmc.com) A leading supplier of software that supports and improves the availability, performance, and recovery of applications in complex computing environments. merger agreement is in the best interests of its shareholders. Except for the historical information contained herein, the matters discussed in this news release are forward-looking statements that involve risks and uncertainties, including timely development and market acceptance of new products, the impact of competitive products particularly from larger companies with more resources, and worldwide economic conditions as they affect the spending intentions of the Company's customers, as well as the other risks detailed from time to time in the Company's SEC reports, including the Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. for fiscal 1997, the Form 10-Q Form 10-Q See 10-Q. for June 30, 1998 and the Form S-4 filed on Nov. 13, 1998. About Boole & Babbage, Inc. Boole & Babbage is a leader in availability and service level management for distributed systems. Its Enterprise Automation product lines provide a flexible and scaleable set of solutions used by many Fortune 1000 companies to centralize all the IT operations, including systems, applications, databases, middleware, and Web technologies, into a coherent business view to reduce overall business costs. Founded in 1967 and named after two 19th Century forerunners to the modern computing industry (George Boole -- of Boolean algebra and Charles Babbage -- the Babbage Computing Machine) the Company today is the oldest publicly-traded independent software vendor in the systems management industry with revenues of about $225 million, 930 employees and 43 offices in 26 countries. For more investor information, visit us on the Web at www.boole.com, or call 800/722-6653, ext. 3417. |
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