BALL Corp — Earnings Release 2012

Apr 26, 2012

8-K 1 f8-k.htm 8-K f8-k.htm Licensed to: Ball Corporation Document Created using EDGARizer 2020 5.4.1.0 Copyright 1995 - 2009 Thomson Reuters. All rights reserved.

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 25, 2012

(Date of earliest event reported)

BALL CORPORATION

(Exact name of Registrant as specified in its charter)

Indiana	001-07349	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))

EFPlaceholder EFPlaceholder EFPlaceholder

Ball Corporation

Current Report on Form 8-K

Dated April 26, 2012

EFPlaceholder EFPlaceholder

Item 2.02. Results of Operations and Financial Condition

On April 26, 2012, Ball Corporation (the “Company”) issued a press release announcing its first quarter earnings for 2012, which results are set forth in the press release dated April 26, 2012, and attached hereto as Exhibit 99.1.

Earnings information regarding the first quarter 2012, 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.

EFPlaceholder EFPlaceholder

EFPlaceholder EFPlaceholder Item 5.07. Submission of Matters to a Vote of Security Holders

On April 25, 2012, the Company held its Annual Meeting of Shareholders (“Annual Meeting”). Following are the results of the matters voted on by shareholders at the Annual Meeting:

1. Election of Directors.

Director — Robert W. Alspaugh	83,494,284	45,753,276	8,751,782
R. David Hoover	95,613,576	33,633,984	8,751,782
Jan Nicholson	94,601,975	34,645,585	8,751,782

1. Ratification of the appointment of PricewaterhouseCoopers LLP as the independent auditor for the Company for 2012.

For — 131,323,566	6,423,064	252,712	0

1. Approval, by non-binding advisory vote, of the compensation of the Named Executive Officers as disclosed in the 2012 Proxy Statement.

For — 123,351,657	5,040,161	855,742	8,751,782

Item 9.01. Financial Statements and Exhibits

(d) Exhibits.

The following is furnished as an exhibit to this report:

Exhibit 99.1 Ball Corporation Press Release dated April 26, 2012

EFPlaceholder

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/ Scott C. Morrison
	Name:	Scott C. Morrison
	Title:	Senior Vice President and Chief Financial Officer

Date: April 26, 2012

Ball Corporation

Form 8-K

April 26, 2012

EFPlaceholder

EXHIBIT INDEX
Description	Exhibit
Ball Corporation Press Release dated April 26, 2012	99.1