debt8k
 

 
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): October 30, 2006
 
BORGWARNER INC.
 
(Exact name of registrant as specified in its charter)


Delaware
 
(State or other jurisdiction of incorporation)
 
1-12162
 
(Commission File No.)
 
13-3404508
 
(IRS Employer Identification No.)
 

3850 Hamlin Road, Auburn Hills, Michigan 48326
(Address of principal executive offices) (Zip Code)
 
Registrant’s telephone number, including area code: (248) 754-9200
 
(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:

¨ 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))


 

 
 

 
Item 9.01. Financial Statements and Exhibits

(d) Exhibits. The following exhibits are being furnished as part of this Report.

Exhibit
Number
 
Description
   
1.1
Form of Underwriting Agreement by and among the registrant and the underwriters to be named therein
   
4.1
Form of First Supplemental Indenture by and between the registrant and The Bank of New York Trust Company, N.A., as the indenture trustee
   
12.1
Statement regarding computation of ratio of earnings to fixed charges


SIGNATURES

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.


                               BORGWARNER INC.
 
 

                                       /s/ Laurene H. Horiszny
                                        ________________________________________
                                         Laurene H. Horiszny
                                         Vice President, General Counsel & Secretary

Dated: October 30, 2006