8-K: Current report filing
Published on October 29, 2009
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 28,
2009
(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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001-07349
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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 29, 2009
Item
2.02. Results of Operations and Financial Condition.
On
October 29, 2009, Ball Corporation (the “Company”) issued a press release
announcing its third quarter earnings for 2009, which results are set forth in
the press release dated October 29, 2009, and attached hereto as
Exhibit 99.1.
Earnings
information regarding the third quarter 2009, 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; Changes in Fiscal
Year.
On
October 28, 2009, the Board of Directors of the Company amended the Bylaws
to clarify that the Chief Executive Officer (the “CEO”) need not be a director
of the Company and to clarify the CEO’s executive
role. Exhibit 3(ii) attached hereto provides the text of the
amended sections.
Item
9.01. Financial Statements and Exhibits.
(d) Exhibits.
The
following are furnished as exhibits to this report:
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Exhibit
3(ii)
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Amended
Language of the Bylaws.
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Exhibit
99.1
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Ball
Corporation Press Release dated October 29,
2009.
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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.
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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
Chief
Financial Officer
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Date: October 29,
2009
Ball
Corporation
Form
8-K
October 29,
2009
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EXHIBIT
INDEX
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Description
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Exhibit
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Amended
Language of the Bylaws
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3(ii)
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Ball
Corporation Press Release dated October 29,
2009
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99.1
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