SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report : December 18, 2003 Red Hat, Inc. Delaware 0-26281 06-1364380 -------------------------------------------------------------------------------- (State or other juris- (Commission (IRS Employer diction of incorporation File Number) Identification No.) 1801 Varsity Drive Raleigh, NC 27606 -------------------------------------------------------------------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: 919-754-3700 (Former name or former address, if changed since last report) Item 12. Results of Operations and Financial Condition. On December 18, 2003, Red Hat, Inc. announced its financial results for the quarter ended November 30, 2003. The full text of the press release issued in connection with the announcement is attached as Exhibit 99.1 to this Current Report on Form 8-K. Disclosure of Results of Operations and Financial Condition." The information 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, except as expressly set forth by specific reference in such a filing. 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. Date: December 18, 2003 Red Hat, Inc. By: Kevin B. Thompson -------------------------------------------- Chief Financial Officer (Principal Financial Officer) EXHIBIT INDEX Exhibit No. Description ----------- ----------- 99.1 Press release dated December 18, 2003