8-K: Current report filing
Published on December 8, 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
December 8,
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
December 8, 2009
Item
8.01. Other Events.
On
December 8, 2009, David A. Westerlund, Executive Vice President, Administration
and Corporate Secretary of Ball Corporation (the “Company”), adopted a stock
trading plan in accordance with Rule 10b5-1 of the Securities Exchange Act of
1934, as amended. Under Rule 10b5-1, directors, officers and other
employees who are not in possession of material non-public information may adopt
pre-arranged plans or contracts for the sale of Company securities under
specified conditions and at specified times. Using 10b5-1 plans,
individuals can gradually diversify their investment portfolios, spread stock
trades out over an extended period of time to reduce market impact and avoid
concerns about transactions occurring at a time when they might possess material
non-public information.
Mr.
Westerlund adopted a 10b5-1 plan as part of his individual long-term asset
diversification, tax and financial planning strategy. Specifically,
his 10b5-1 plan provides for the sale of up to a total of 55,000 shares to be
acquired through the exercise of his stock options scheduled to expire in March
2011 if not exercised prior to the options’ expiration dates. Any
shares that are sold under Mr. Westerlund’s plan will be sold on the open market
at prevailing market prices and subject to minimum price thresholds specified in
his plan.
Transactions
under Mr. Westerlund’s plan, if any, will be reported to the Securities and
Exchange Commission in accordance with applicable securities laws, rules and
regulations.
This
current report contains forward-looking statements that are subject to risks and
uncertainties, and there can be no assurance that any shares will be sold under
Mr. Westerlund’s plan. Investors should refer to the Company’s annual and other
periodic reports filed with the Securities and Exchange Commission for a
discussion of the risks and uncertainties associated with ownership of the
Company’s securities. Ball Corporation does not undertake to report Rule 10b5-1
plans that may be adopted by any officers or directors in the future, or to
report any modifications or termination of any publicly announced trading plan,
except to the extent required by law.
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:
December 8, 2009