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EX-99.1 - EXHIBIT 99.1 - BAXANO SURGICAL, INC.v332299_ex99-1.htm




Washington, D.C. 20549





Pursuant to Section 13 or 15(d) of

The Securities Exchange Act of 1934


Date of Report (Date of earliest event reported): January 14, 2013



(Exact name of registrant as specified in its charter)


Delaware 001-33744 33-0909022
(State or other jurisdiction of incorporation) (Commission File Number) (IRS Employer Identification No.)


301 Government Center Drive

Wilmington, North Carolina 28403

(Address of principal executive offices)

(Zip Code)


(910) 332-1700

(Registrant’s telephone number, including area code)


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:


¨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.


On January 14, 2013, TranS1 Inc. (the “Company”) issued a press release to report its preliminary unaudited revenue for the fourth quarter ended December 31, 2012. The release is furnished herewith as Exhibit 99.1 and incorporated herein by this reference.


The information in this Current Report on Form 8-K, including Exhibit 99.1, is being furnished pursuant to Item 2.02 and shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing.


Item 9.01 Financial Statements and Exhibits.




Exhibit Number Description
99.1 Press release, dated January 14, 2013.






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.


January 17, 2013 By:  /s/ Joseph P. Slattery  
  Joseph P. Slattery  
  Executive Vice President and Chief Financial Officer  






Exhibit Number Description
99.1 Press release, dated January 14, 2013.