Ball Corporation Form 8-K

 

 

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 27, 2005

(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 28, 2005

 

Item 2.02.  Results of Operations and Financial Condition

 

On April 28, 2005, Ball Corporation (the “Company”) issued a press release announcing its first quarter earnings for 2005, which results are set forth in the press release dated April 28, 2005 and attached hereto as Exhibit 99.1.

 

The earnings information regarding the first quarter, as well as the information regarding the use of non-GAAP financial measures, is 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 5.02.  Retirement of Director

 

On April 27, 2005, William P. Stiritz retired from the Company’s Board of Directors consistent with the Company’s retirement policy for directors.

 

Item 5.03.  Amendments to Articles of Incorporation or Bylaws

 

On April 27, 2005, the Board of Directors of the Company amended the Bylaws to decrease the number of directors from eleven to ten.

 

Item 9.01.  Financial Statements and Exhibits

 

(c)

Exhibits.

 

The following is furnished as an exhibit to this report:

 

Exhibit 99.1

Ball Corporation Press Release dated April 28, 2005

 

 

 

 

 

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:

Senior Vice President and

 

Chief Financial Officer

 

 

 

Date:

April 28, 2005

 

 

 

 

Ball Corporation

Form 8-K

April 28, 2005

 

 

EXHIBIT INDEX

Description

 

Exhibit

 

 

 

Press Release dated April 28, 2005

 

99.1