8-K: Current report filing
Published on September 8, 2008
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) OF
THE
SECURITIES EXCHANGE ACT OF 1934
Date
of Report (Date of earliest event reported): September 3, 2008
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
or Other Jurisdiction of Incorporation)
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(Commission
File
Number)
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(IRS
Employer
Identification
No.)
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10
Longs Peak Drive, P.O. Box 5000
Broomfield,
CO
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80021-2510
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(Address
of Principal Executive Offices)
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(Zip
Code)
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(303)
469-3131
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(Registrant's
telephone number, including area
code)
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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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o
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o
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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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o
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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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Item
8.01. Other Events.
Consent
Solicitation. On September 3, 2008, Ball Corporation (the "Company")
issued a press release announcing that it commenced a consent solicitation from
holders of its 6 7/8 % senior notes due 2012 (the "Notes") to amend certain
provisions of the indenture governing the Notes (the "Indenture"). The primary
purpose of the proposed amendments is to amend certain provisions of the
Indenture governing restricted payments, so that such provisions generally match
provisions governing restricted payments contained in the indenture governing
the Company's 6 5/8 % senior notes due 2018.
The
consent solicitation commenced September 3, 2008 and will expire at 5 p.m.
Eastern time on September 16, 2008, unless extended. Only record holders of
Notes as of the close of business on September 2, 2008 will be eligible to
consent to the proposed amendments. The consent solicitation is conditioned on
the receipt of consents from record holders representing at least a majority in
aggregate principal amount of the outstanding Notes and other customary
conditions. Holders of the Notes who properly consent to the proposed amendments
before the consent solicitation expires and do not validly revoke such consent
will receive a cash payment of $2.50 for each $1,000 in principal amount of
Notes for which they give consents. A copy of the press release is attached
hereto as Exhibit 99.1 and hereby incorporated herein.
Item
9.01. Financial Statements and
Exhibits.
(d) Exhibits.
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Exhibit No.
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Description
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99.1
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Press
release dated September 3, 2008
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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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Date:
September 8, 2008
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By:
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/s/ Charles E. Baker |
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Name:
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Charles
E. Baker
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Title:
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Vice
President, General Counsel
and
Assistant Corporate Secretary
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EXHIBIT
INDEX
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Exhibit No.
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Description
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99.1
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Press
release dated September 3, 2008
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