k8niekamp.htm
FORM
8-K/A
CURRENT
REPORT
Pursuant to Section
13 or 15(d) of
the Securities
Exchange Act of 1934
Date of
Report: July 7, 2008
BORGWARNER
INC.
(Exact name of
registrant as specified in its charter)
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Delaware
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1-12162
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13-3404508
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(State of
Incorporation)
(Commission File
No.) (IRS
EmployerIdentification No.)
3850 Hamlin
Road
Auburn Hills, MI
48326
(Address of
principal executive offices)
Registrant's
telephone number, including area code:
(248)
754-9200
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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[
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c)
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Item 5.02 Departure of Directors or Certain
Officers
In connection with
the resignation of Ms. Cynthia Niekamp, the Company and Ms. Niekamp entered into
a separation agreement dated June 26, 2008. Under the terms of the agreement,
Ms. Niekamp will receive a separation payment of $395,000, and $125,000 in
payment of the vacation obligations owed to her and as partial consideration for
her non-competition agreement and release. In addition, she will be eligible to
receive a pro-rated bonus award with respect to 2008, a pro-rated performance
share award with respect to 2008, and six months of outplacement services. In
connection with the foregoing, Ms. Niekamp agreed, for a period of 15 months,
not to seek employment with, or become financially interested in, certain
competitors of the Company and released the Company from liability with respect
to any potential claims arising from her employment with the Company and its
subsidiaries. A copy of the agreement is attached hereto as
Exhibit 99.1
Item 9.01 Financial Statements and
Exhibits
(c) Exhibits
99.1 Separation
Agreement dated June 26, 2008
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/
John J. Gasparovic
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John J.
Gasparovic
Vice President
& Secretary
Dated: July 7,
2008