8-K: Current report filing
Published on October 10, 2007
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
October
4, 2007
(Date
of
earliest event reported)
BALL
CORPORATION
(Exact
name of Registrant as specified in its charter)
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Indiana
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1-7349
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35-0160610
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(State
of
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(Commission
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(IRS
Employer
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Incorporation)
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File
No.)
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Identification
No.)
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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):
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□
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Written
communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
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□
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act
(17 CFR 240.14a-12)
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□
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act
(17 CFR 240.14d-2(b))
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□
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act
(17 CFR 240.13e-4(c))
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Ball
Corporation
Current
Report on Form 8-K
Dated
October 10, 2007
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Item 8.01.
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Other
Events.
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On
October 4, 2007, Ball Metal Beverage Container Corp. (“BMBCC”) and Miller
Brewing Company (“Miller”) settled their dispute with respect to BMBCC’s alleged
breach of contract discussed in the Company’s Quarterly Report on Form 10-Q
dated August 1, 2007. The key settlement terms are set out in the
enclosed press release dated October 9, 2007 and attached hereto as Exhibit
99. The settlement terms will include payment by BMBCC to Miller of
approximately $70 million in the first quarter of 2008 and minor adjustments
to
the provisions of BMBCC’s supply arrangements with Miller. The
overall settlement will result in a third quarter charge to Ball of
approximately $86 million (approximately $52 million after
tax). BMBCC will continue to supply all of Miller’s beverage can and
end requirements through 2015.
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Item 9.01.
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Financial
Statements and Exhibits.
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(d) Exhibits.
The
following is furnished as an exhibit to this report:
Exhibit 99 Ball
Corporation Press Release dated October 9, 2007.
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SIGNATURE
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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.
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BALL
CORPORATION
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(Registrant)
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By:
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/s/
Raymond J. Seabrook
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Name:
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Raymond J.
Seabrook
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Title:
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Executive
Vice President and
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Chief
Financial Officer
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Date:
October 10, 2007
Ball
Corporation
Form
8-K
October
10, 2007
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EXHIBIT
INDEX
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Description
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Exhibit
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Press
Release dated October 9, 2007.
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99
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