UNITED STATES
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 (Date of earliest event reported): September 27, 2007
BIOMET, INC.
(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)
| Indiana | 0-12515 | 35-1418342 | ||
| (State or other jurisdiction of incorporation) |
(Commission File Number) | (IRS Employer Identification No.) |
56 East Bell Drive
Warsaw, Indiana 46582
(Address of Principal Executive Offices, Including Zip Code)
(574) 267-6639
(Registrant’s Telephone Number, Including Area Code)
Not Applicable
(Former Name or Former Address, if Changed Since Last Report)
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 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
As previously announced, on September 25, 2007, LVB Acquisition, Inc. (f/k/a LVB Acquisition, LLC) completed the acquisition of Biomet, Inc. (“Biomet”) through the merger of LVB’s wholly-owned subsidiary with and into Biomet and, in accordance with the provisions of the merger agreement, each of Messrs. C. Scott Harrison, M.D., Kenneth V. Miller and L. Gene Tanner submitted a resignation from the Board of Directors and from any committees thereof effective September 25, 2007.
Item 8.01. Other Events.
On September 27, 2007, Biomet announced that it has entered into a Deferred Prosecution Agreement with the United States Attorney’s Office for the District of New Jersey. A copy of the press release issued by Biomet announcing the same is attached hereto as Exhibit 99.1 and incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
| Exhibit No. | Document | |
| 99.1 | Press Release dated September 27, 2007 |
SIGNATURES
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.
| BIOMET, INC. | ||
| /s/ Bradley J. Tandy | ||
| By: | Bradley J. Tandy | |
| Its: | Senior Vice President, General Counsel and Secretary | |
Date: September 27, 2007