8-K 1 a10-2432_18k.htm 8-K

 

 

UNITED STATES

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) January 26, 2010

 

E. I. du Pont de Nemours and Company
(Exact Name of Registrant as Specified in Its Charter)

 

Delaware

 

1-815

 

51-0014090

(State or Other Jurisdiction

 

(Commission

 

(I.R.S. Employer

Of Incorporation)

 

File Number)

 

Identification No.)

 

1007 Market Street
Wilmington, Delaware   19898
(Address of principal executive offices)

 

Registrant’s telephone number, including area code:  (302) 774-1000

 

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:

 

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))

 

 



 

Section 2 – Financial Information

 

Item 2.02

Results of Operations and Financial Condition

 

On January 26, 2010, the Registrant announced its consolidated financial results for the quarter ended December 31, 2009.  A copy of the Registrant’s earnings news release is furnished on Form 8-K.  The information contained in Item 2.02 of this report on Form 8-K shall not be deemed “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 incorporated by reference into any registration statement or other document filed by the Registrant under the Securities Act of 1933, as amended, or the Exchange Act.

 

The Registrant is furnishing the earnings news release for the quarter ended December 31, 2009 as Exhibit 99.1 on Form 8-K, which has been revised to delete an extra comma which could lead to misinterpretation.  The “Outlook” section of the original earnings news release included the following statement: “[d]ue to strong pension fund performance, the company now expects pension expense to be about $.10 per share, lower than originally anticipated.”  The foregoing statement should have read: “[d]ue to strong pension fund performance, the company now expects pension expense to be about $.10 per share lower than originally anticipated.”  Exhibit 99.1 reflects this change.

 

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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.

 

 

 

E. I. DU PONT DE NEMOURS AND COMPANY

 

(Registrant)

 

 

 

 

 

/s/ Barry J. Niziolek

 

Barry J. Niziolek

 

Vice President and Controller

 

 

January 26, 2010

 

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