8-K: Current report filing
Published on April 24, 2008
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
April 23,
2008
(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
April 24, 2008
Item
2.02 Results of Operations and Financial Condition.
On
April 24, 2008, Ball Corporation (the “Company”) issued a press release
announcing its first quarter earnings for 2008, which results are set forth in
the press release dated April 24, 2008, and attached hereto as Exhibit
99.1.
Earnings
information regarding the first quarter 2008, 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
5.03. Amendments to Articles of Incorporation or Bylaws; Change in
Fiscal Year.
On
April 23, 2008, the Board of Directors of the Company amended the Bylaws to
decrease the Board of Directors from eleven to ten, by decreasing to three the
number of director positions in Class III. Exhibit 3(ii)
attached hereto provides the text of the amendment.
Item
9.01. Financial Statements and Exhibits.
(d) Exhibits.
The
following are furnished as exhibits to this report:
|
Exhibit
3(ii)
|
Article 3,
Section A of the Amended Bylaws.
|
|
|
Exhibit
99.1
|
Ball
Corporation Press Release dated April 24,
2008.
|
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: April 24,
2008
Ball
Corporation
Form
8-K
April 24,
2008
|
EXHIBIT
INDEX
|
||
|
Description
|
Exhibit
|
|
|
Article 3,
Section A of the Amended Bylaws
|
3(ii)
|
|
|
Ball
Corporation Press Release dated April 24, 2008
|
99.1
|
|