-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, RBUpTo+K5C6LsO1dP+atA/9QaTg1aVx9tLXirn50ZW8s9SzcFicwNXyHRm5rvQPc stvCGSaY1rCQQWZtwb3jmg== 0000950127-02-000847.txt : 20020814 0000950127-02-000847.hdr.sgml : 20020814 20020814180330 ACCESSION NUMBER: 0000950127-02-000847 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20020814 ITEM INFORMATION: Financial statements and exhibits ITEM INFORMATION: FILED AS OF DATE: 20020814 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NEWMONT MINING CORP /DE/ CENTRAL INDEX KEY: 0001164727 STANDARD INDUSTRIAL CLASSIFICATION: GOLD & SILVER ORES [1040] IRS NUMBER: 841611629 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-31240 FILM NUMBER: 02737847 BUSINESS ADDRESS: STREET 1: 1700 LINCOLN STREET CITY: DENVER STATE: CO ZIP: 80203 BUSINESS PHONE: 303-863-7414 MAIL ADDRESS: STREET 1: 1700 LINCOLN STREET CITY: DENVER STATE: CO ZIP: 80203 FORMER COMPANY: FORMER CONFORMED NAME: DELTA HOLDCO CORP DATE OF NAME CHANGE: 20020109 8-K 1 a932188_8k.txt FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Sections 13 and 15(d) of the Securities Exchange Act of 1934 August 14, 2002 Date of Report (Date of earliest event reported) NEWMONT MINING CORPORATION (Exact Name of Registrant as Specified in Its Charter) 84-1611629 Delaware 011-31240 (IRS Employer (State of Incorporation) (Commission File Number) Identification No.) 1700 Lincoln Street Denver, Colorado 80203 (Address of Principal Executive Office) (303) 863-7414 (Registrant's Telephone Number, Including Area Code) (Not Applicable) (Former Name or Former Address, If Changed Since Last Report) Item 7. EXHIBITS (c) Exhibits. The following exhibits are furnished as part of this report to the extent described in Item 9. Exhibit No. Description 99.1 Certification of Wayne W. Murdy, Chairman of the Board and Chief Executive Officer of Newmont Mining Corporation, filed with the Secretary of the Securities and Exchange Commission on August 14, 2002 pursuant to Order No. 4-460. 99.2 Certification of Bruce D. Hansen, Senior Vice President and Chief Financial Officer of Newmont Mining Corporation, filed with the Secretary of the Securities and Exchange Commission on August 14, 2002 pursuant to Order No. 4-460. Item 9. REGULATION FD DISCLOSURE On August 14, 2002, Wayne W. Murdy, Chairman of the Board and Chief Executive Officer of Newmont Mining Corporation (the "Company"), and Bruce D. Hansen, Senior Vice President and Chief Financial Officer of the Company, filed certifications with the Secretary of the Securities and Exchange Commission (the "Commission") pursuant to the Commission's Order No. 4-460 (the "Order"). Both certifications conformed exactly to the form prescribed by the Commission in Exhibit A to the Order, without qualification or modification. Copies of the certifications are attached as Exhibits 99.1 and 99.2 to this report. -2- SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. NEWMONT MINING CORPORATION DATE: August 14, 2002 By: /s/ Bruce D. Hansen -------------------------------------------- Name: Bruce D. Hansen Title: Senior Vice President and Chief Financial Officer -3- EX-99.1 3 a933855_exha.txt CERTIFICATION OF CEO STATEMENT UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER REGARDING FACTS AND CIRCUMSTANCES RELATING TO EXCHANGE ACT FILINGS I, Wayne W. Murdy, state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of Newmont Mining Corporation, and, except as corrected or supplemented in a subsequent covered report: o no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and o no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with Newmont Mining Corporation's audit committee. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": o the Annual Report on Form 10-K of Newmont Mining Corporation for the fiscal year ended December 31, 2001; o all reports on Form 10-Q, all reports on Form 8-K, and all definitive proxy materials of Newmont Mining Corporation filed with the Securities and Exchange Commission subsequent to the filing of the Form 10-K identified above; and o any amendments to any of the foregoing. /s/ Wayne W. Murdy Subscribed and sworn to before me - ------------------------------------ this 14th day of August, 2002. Wayne W. Murdy Date: August 14, 2002. /s/ Traci N. Clausen --------------------------------- Notary Public My Commission Expires: May 16, 2003 --------------------------------- EX-99.2 4 a933860_exha.txt CERTIFICATION OF CFO STATEMENT UNDER OATH OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER REGARDING FACTS AND CIRCUMSTANCES RELATING TO EXCHANGE ACT FILINGS I, Bruce D. Hansen, state and attest that: (1) To the best of my knowledge, based upon a review of the covered reports of Newmont Mining Corporation, and, except as corrected or supplemented in a subsequent covered report: o no covered report contained an untrue statement of a material fact as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed); and o no covered report omitted to state a material fact necessary to make the statements in the covered report, in light of the circumstances under which they were made, not misleading as of the end of the period covered by such report (or in the case of a report on Form 8-K or definitive proxy materials, as of the date on which it was filed). (2) I have reviewed the contents of this statement with Newmont Mining Corporation's audit committee. (3) In this statement under oath, each of the following, if filed on or before the date of this statement, is a "covered report": o the Annual Report on Form 10-K of Newmont Mining Corporation for the fiscal year ended December 31, 2001; o all reports on Form 10-Q, all reports on Form 8-K, and all definitive proxy materials of Newmont Mining Corporation filed with the Securities and Exchange Commission subsequent to the filing of the Form 10-K identified above; and o any amendments to any of the foregoing. /s/ Bruce D. Hansen Subscribed and sworn to before me - ------------------------------------ this 14th day of August, 2002. Bruce D. Hansen Date: August 14, 2002 /s/ Jean A. Dengerink --------------------------------- Notary Public My Commission Expires: August 22, 2003 --------------------------------- -----END PRIVACY-ENHANCED MESSAGE-----