UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 ------------------ FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 July 8, 2004 Date of report (Date of Earliest Event Reported) Newmont Mining Corporation (Exact Name of Registrant as Specified in its Charter) Delaware 001-31240 84-1611629 (State of Other Jurisdiction (Commission (I.R.S. Employer of Incorporation) File Number) Identification No.) 1700 Lincoln Street Denver, Colorado 80203 (Address of Principal Executive Offices) 303-863-7414 (Registrant's Telephone Number, Including Area Code) ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS (a) None. (b) None. (c) Exhibits Exhibit No. Description Exhibit 99.1 Press Release dated July 8, 2004 ITEM 12. RESULTS OF OPERATIONS AND FINANCIAL CONDITION On July 8, 2004, Newmont Mining Corporation (the "Company"), announced that it will restate its cash flow statements for 2002, 2003 and the first quarter of 2004. A copy of the Company's press release is furnished as an exhibit to this Current Report. The information, including the exhibit attached hereto, in this Current Report is being furnished and shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section. The information in this Current Report shall not be incorporated by reference into any registration statement or other document pursuant to the Securities Act of 1933, except as otherwise stated in such filing. 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. Date: July 8, 2004 By: /s/ Bruce D. Hansen ----------------------------------------- Name: Bruce D. Hansen Title: Senior Vice President and Chief Financial Officer EXHIBIT INDEX Exhibit Number Description of Exhibits 99.1 Press Release dated July 8, 2004