8-K: Current report filing
Published on July 27, 2006
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
DC 20549
FORM
8-K
Current
Report
Pursuant
to Section 13 or 15(D) of the
Securities
Exchange Act of 1934
July 26,
2006
(Date
of
earliest event reported)
BALL
CORPORATION
(Exact
name of Registrant as specified in its charter)
|
Indiana
|
1-7349
|
35-0160610
|
||||
|
(State
of
|
(Commission
|
(IRS
Employer
|
||||
|
Incorporation)
|
File
No.)
|
Identification
No.)
|
10 Longs
Peak Drive, P.O. Box 5000, Broomfield, CO 80021-2510
(Address
of principal executive offices, including ZIP Code)
(303)
469-3131
(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 (see General Instruction A.2. below):
|
□
|
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))
|
Ball
Corporation
Current
Report on Form 8-K
Dated
July 27,
2006
|
Item 2.02.
|
Results
of Operations and Financial
Condition.
|
On
July 27, 2006, Ball Corporation (the “Company”) issued a press release
announcing its second quarter earnings for 2006, which results are set forth
in
the press release dated July 27, 2006, and attached hereto as
Exhibit 99.1.
Earnings
information regarding the second quarter for 2006, as well as information
regarding the use of non-GAAP financial measures, are set forth in the attached
press release.
The
information in this Report shall not be deemed to be “filed” for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended, (the
“Exchange Act”) or otherwise subject to the liability of that section, and shall
not be deemed incorporated by reference in any filing under the Securities
Act
of 1933, as amended, or the Exchange Act, except as shall be expressly set
forth
by specific reference in such filing.
|
Item 5.02.
|
Departure
of Directors or Principal Officers; Election of Directors; Appointment
of
Principal Officers.
|
On
July 26, 2006, the Board of Directors of the Company unanimously elected
Georgia R. Nelson as a Director of the Company. A copy of the press release
is attached hereto as Exhibit 99.2. Ms. Nelson will serve on the Board
of Directors and stand for re-election at the 2007 annual meeting of
shareholders.
|
Item 5.03.
|
Amendments
to Articles of Incorporation or
Bylaws.
|
On
July 26, 2006, the Board of Directors of the Company amended the Bylaws to
increase the Board of Directors from ten to eleven.
|
Item 9.01.
|
Financial
Statements and Exhibits.
|
(d) Exhibits.
The
following are furnished as exhibits to this report:
Exhibit
99.1 Ball
Corporation Press Release dated July 27, 2006.
Exhibit
99.2 Ball
Corporation Press Release dated July 26, 2006.
|
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.
|
BALL
CORPORATION
|
|||
|
(Registrant)
|
|||
|
By:
|
/s/
Raymond J. Seabrook
|
||
|
Name:
|
Raymond J.
Seabrook
|
||
|
Title:
|
Executive
Vice President and
|
||
|
Chief
Financial Officer
|
|||
Date: July 27,
2006
Ball
Corporation
Form
8-K
July 27,
2006
|
EXHIBIT
INDEX
|
||
|
Description
|
Exhibit
|
|
|
Press
Release dated July 27, 2006
|
99.1
|
|
|
Press
Release dated July 26, 2006
|
99.2
|
|