Item
8.01 Other
Events
On
October 2, 2007, Optical Communication Products, Inc. (the “Company”) began
mailing the definitive proxy statement (the “Proxy Statement”) relating to the
special meeting of stockholders of the Company, which is scheduled for October
31, 2007, to vote on the proposed merger by which Oplink Communications,
Inc.
(“Oplink”) would acquire those shares of the Company not owned by Oplink (the
“Merger”).
On
October 3, 2007, a complaint, Merlin Partners, LP vs. Optical Communication
Products, Inc., Oplink Communications, Inc., et al., was filed in the Court
of Chancery of the State of Delaware by an entity identifying itself as a
stockholder of the Company purporting to represent a class of all stockholders
other than defendants. The lawsuit names the Company as a nominal
defendant and names all of the members of the Company’s board of directors, a
former director, and Oplink as defendants. The complaint alleges,
among other things, that Oplink and the Company’s directors breached their
fiduciary duties to the stockholders of the Company by failing to disclose
all
material facts in the Proxy Statement in connection with the Merger and by
failing to negotiate a higher merger price. The complaint seeks,
among other things, to enjoin the Merger or order defendants to pay monetary
damages in an amount to be determined at trial.
The
Company, Oplink and the other defendants believe that the lawsuit is without
merit and intend to defend vigorously against it.
Additional
Information and Where to Find It
This
communication may be deemed to be solicitation material in respect of the
proposed acquisition of the remaining shares of the Company by Oplink pursuant
to the Merger. In connection with the proposed Merger, the Company
filed with the SEC a definitive proxy statement on October 2, 2007 and an
amended Schedule 13E-3 on October 3, 2007. We urge investors to
read the definitive proxy statement and these other materials carefully because
they contain important information about the Company and the proposed
acquisition. Investors may obtain free copies of the definitive
proxy statement and white proxy card as well as other filed documents containing
information about the Company at http://www.sec.gov, the SEC's Web
site. Free copies of the Company’s SEC filings are also available on
the investor relations portion of the Company 's web site at
www.ocp-inc.com.
Participants
in the Solicitation
The
Company and its executive officers and directors may be deemed, under SEC
rules,
to be participants in the solicitation of proxies from the Company’s
stockholders with respect to the proposed Merger. Information
regarding the officers and directors of the Company, including direct or
indirect interests in the transaction, by securities holdings or otherwise,
is
set forth in the definitive proxy statement and amended Schedule 13E-3 that
the
Company filed with the SEC on October 2, 2007 and October 3, 2007,
respectively.
SIGNATURE
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.
October
10,
2007 OPTICAL
COMMUNICATION PRODUCTS, INC.
a
Delaware corporation
| By: ___/s/ Frederic T. Boyer |
| Frederic T. Boyer |
|
|
Senior
Vice President, Chief Financial Officer and
Secretary
|