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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) July 16, 1996
BALL CORPORATION
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(Exact name of registrant as specified in its charter)
Indiana
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(State or other jurisdiction of incorporation)
1-7349 35-0160610
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(Commission File Number) (IRS Employer Identification No.)
345 South High Street, Muncie, Indiana 47305-2326
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(Address of principal executive office) (Zip Code)
Registrant's telephone number, including area code: (317) 747-6100
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Ball Corporation
Current Report on Form 8-K
Dated July 16, 1996
Item 5. Other Events.
In connection with the "safe harbor" provisions of the Private Securities
Litigation Reform Act of 1995, Ball Corporation (the "Company") is hereby
identifying important factors that could cause the Company's actual results to
differ materially from those projected in forward-looking statements of the
Company made by, or on behalf of the Company.
Item 7. Financial Statements and Exhibits.
The following is filed as an Exhibit to this Report.
Exhibit Number 99
Description
Cautionary Statement for Purposes of the "Safe Harbor" Provisions of the Private
Securities Litigation Reform Act of 1995.
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Ball Corporation
Current Report on Form 8-K
Dated July 16, 1996
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 thereunto duly authorized.
BALL CORPORATION
(Registrant)
Date: July 16, 1996 By: /s/ R. David Hoover
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Executive Vice President and
Chief Financial Officer
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Ball Corporation
Current Report on Form 8-K
Dated July 16, 1996
Exhibit EX-99
CAUTIONARY STATEMENT FOR PURPOSES OF THE "SAFE HARBOR" PROVISIONS OF THE PRIVATE
SECURITIES LITIGATION REFORM ACT OF 1995.
Except for historical matters, the matters discussed in various reports issued
by the company which are forward-looking statements involve risks and
uncertainties. Forward-looking statements involve assumptions, estimates and
judgments that when made are based on information and estimates available at the
time. Many of the following important factors discussed below have been
discussed in the company's prior SEC filings, in Management's Discussion and
Analyses sections of the company's SEC filings, press releases, and orally, and,
had the Act become effective at a different time, would have been discussed in
or included by reference in SEC Form 10-Q and 10-K filings. Forward-looking
statements include, but are not limited to, statements under the following
headings: (i) "Business Segments" which discuss each of the company's business
segments dealing with the company's Metal Beverage Container, Metal Food
Container, Glass Container and Plastic Container operations; (ii) the Aerospace
Communication segment which was reorganized into two operating divisions as
follows: Telecommunications and Aerospace Systems and various joint venture
companies.
The company wishes to caution readers that in addition to the important factors
described elsewhere within its reports, the following important factors, among
others, may cause the actual segment and consolidated results during 1996, and
beyond, to differ materially from those expressed in any forward looking
statements made by, or on behalf of the company.
- - Underutilization of the company's plants and factories, or of any plant
expansions or new plants, including, but not limited to, those in the
packaging products segment, resulting in production inefficiencies and
higher costs; start-up expenses and inefficiencies and delays and increased
costs in connection with the start of production in new plants and
expansions, including, but not limited to, those in the plastic container
operations.
- - Financial results are based upon assumptions, estimates and judgments of
management and, as a result, actual performance may differ from
forward-looking estimates based upon changes in facts, circumstances,
improved information or changes in accounting.
- - The company's actions in connection with continued and increasing
competition in many product and service areas, including, but not limited
to, metal beverage packaging, food container packaging, plastic container
packaging and aerospace products and services, including price competition,
fluctuating demand for certain products in certain seasons, such as food
containers which are subject to seasonal changes in the weather;
competition in the Aerospace industry, particularly in the commercial
telecommunications and space markets, which could result in fluctuating
results from quarter to quarter.
- - Difficulties in obtaining raw materials, supplies, power and natural
resources, and any other items needed for the production of metal, glass,
and plastic containers as well as telecommunications and aerospace products
which could affect the company's or its affiliates ability to ship
containers and telecommunications and aerospace products.
- - Pricing of raw materials, supplies, power and natural resources needed for
the production of metal, glass, and plastic containers as well as
telecommunications and aerospace products. Pricing and ability to sell
scrap associated with the production of metal containers. The effect of
changes in the cost of warehousing the company's products.
- - Difficulties, delays or failures in the development, production, testing
and marketing of metal, glass, plastic and aerospace products, including,
but not limited to, a failure to ship new products and technologies when
anticipated, including, can and end technologies; the failure of customers
to accept these products or technologies when planned.
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- - The failure of EarthWatch, Incorporated, to launch successfully satellites
planned for 1996 and subsequent years; technological or market acceptance
issues, performance failures in related contracts or subcontracts,
including any failure of EarthWatch to receive additional financing needed
for EarthWatch to continue to make payments, or any events which would
require the company to provide additional financial support for EarthWatch,
Incorporated.
- - The inability of the company or its subsidiaries to realize investments in
the glass container business and other joint venture companies due to
changed economic conditions, customer preferences, relationships,
bankruptcy, currency risk, or political risk.
- - The inability of the company, its subsidiaries and joint ventures to
successfully establish metal container plants in certain designated
international markets as well as the failure of customers to accept these
products; the inability of the packaging subsidiaries and joint ventures to
perform contracts or subcontracts, including the inability of these
subsidiaries and joint ventures to receive additional financing needed for
these subsidiaries to continue to make payments, or any events which would
require the company to provide additional financial support for such
subsidiaries and joint ventures.
- - The inability to sell products and services due to the customers' changing
markets or relationships and the inability to collect or extreme delays in
collecting accounts receivables.
- - The effects of, and changes in, laws and regulations, other activities of
governments (including political situations and inflationary economies),
agencies and similar organizations, including, but not limited to, those
affecting frequency, use and availability of metal, glass and plastic
containers, the authorization and control over the availability of
government contracts and the nature and continuation of those contracts and
the related services provided thereunder, the use of remote sensing data
and changes in domestic and international tax laws.
- - The cancellation or termination of government contracts by the U.S.
government, other customers, or other government contractors.
- - The costs and other effects of legal and administrative cases and
proceedings (whether civil, or criminal), settlements and investigations,
claims, and changes in those items, and developments or assertions by or
against the company relating to products and services, environmental,
intellectual property rights and intellectual property licenses, and
compliance with the law.
- - The effect on revenue, profits, assets and liabilities as the result of
decisions by the Internal Revenue Service, or other taxing authorities,
courts of law, arbitral tribunals, legislative bodies or administrative
agencies.
- - The effects of changes in the company's organization or in the compensation
and/or benefit plans; any changes in agreements regarding investments or
joint ventures in which the company has an investment; the amount, type or
cost of the company's financing and changes to that financing.
- - Risks involved in purchasing and selling products and services and
receiving payments in currencies other than the U.S. dollar.
