f8_k.htm
 

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 28, 2010
(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):

o
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
o
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 30, 2010

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

On April 28, 2010, Ball Corporation (the “Company”) held its Annual Meeting of Shareholders (“Annual Meeting”).  Pursuant to the addition of Item 5.07 on Form 8-K effective February 28, 2010, the Company is providing the following information regarding the results of the matters voted on by shareholders at the Annual Meeting:

 
1.
Election of Directors.

Director
For
Withheld
Broker
Non-Votes
John A. Hayes
73,282,723
  3,754,849
4,843,330
Hanno C. Fiedler
44,766,653
32,270,919
4.843,330
John F. Lehman
42,209,422
34,828,150
4,843,330
Georgia R. Nelson
43,403,346
33,634,226
4,843,330
Erik H. van der Kaay
44,873,459
32,164,113
4,843,330

 
2.
Ratification of the appointment of PricewaterhouseCoopers LLP as the independent auditor for the Corporation for 2010.

For
Against
Abstain
Broker
Non-Votes
79,798,250
1,876,573
206,080
0
       

 
3.
Proposal to approve the 2010 Stock and Cash Incentive Plan.

For
Against
Abstain
Broker
Non-Votes
69,117,304
7,494,979
425,289
4,843,330
       

 
4.
Proposal to have shareholders at each Annual Meeting adopt a nonbinding advisory resolution to ratify the compensation of the Named Executive Officers.

For
Against
Abstain
Broker
Non-Votes
36,840,009
37,728,030
2,469,533
4,843,330
       

 
5.
Proposal to have the Board of Directors adopt a rule to redeem any current or future rights plan unless such plan or amendments to the plan are submitted to a shareholder vote, as a separate ballot item, within 12 months.

For
Against
Abstain
Broker
Non-Votes
54,560,872
21,768,633
708,067
4,843,330
       

 
 
 


 
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 30, 2010