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related topics |
{interest, director, officer} |
{financial, litigation, operation} |
{condition, economic, financial} |
{operation, international, foreign} |
{debt, indebtedness, cash} |
{property, intellectual, protect} |
{cost, regulation, environmental} |
{product, market, service} |
{cost, contract, operation} |
{personnel, key, retain} |
{stock, price, share} |
{product, liability, claim} |
{operation, natural, condition} |
{tax, income, asset} |
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RISK RELATING TO OUR BANKRUPTCY
For the duration of the Chapter 11 cases, our operations, including our ability to execute our business plan, are subject to the risks and uncertainties associated with bankruptcy, which include the following:
Our stock is no longer listed on a national securities exchange. It will likely be more difficult for stockholders and investors to sell our common stock or to obtain accurate quotations of the share price of our common stock.
A long period of operations under Chapter 11 protection may harm our business.
We may not be able to obtain confirmation of a Chapter 11 reorganization plan or consummate strategic assets or business divestitures.
A plan of reorganization may result in holders of our common stock receiving no distribution on account of their interests and cancellation of their common stock
We may be unable to raise the additional capital needed to fund our businesses, which would prevent us from continuing operations, even if substantially all of our debts are discharged through the Chapter 11 cases.
The agreements governing our debt contain restrictions that could significantly restrict our ability to operate our business.
RISK RELATING TO OUR BUSINESS ENVIRONMENT AND OPERATIONS
The worldwide and general economic factors and difficult conditions in the global capital and credit markets have affected and may continue to adversely affect our business, as well as the industries of many of our customers and suppliers, which are cyclical in nature.
Significant competition may force us to reduce prices, which may adversely impact our results of operations.
The cyclicality of the chemicals industry may cause significant fluctuations in our operating results or cash flows.
Any disruption in the availability or price of the raw materials or energy utilized for our products may have a material adverse effect on our operating results.
The results of our Crop Protection Engineered Products segment is dependent on weather, disease, and pest conditions and can be affected by local and regional economic circumstances. The results of our Consumer Performance Products business are also dependent on weather conditions. Adverse weather or economic conditions could materially affect our results of operations.
Impairment charges may affect our results of operations in the future.
Our results of operations are subject to exchange rate and other currency risks. A significant movement in exchange rates could adversely impact our results of operations.
We have unfunded and underfunded pension plans and post-retirement health care plans, which, if changes to the funded status occur, could adversely impact our financial condition, results of operations or cash flows.
Production facilities are subject to operating risks that may adversely affect our financial condition, results of operations or cash flows.
An inability to remain technologically innovative and to offer improved products and services in a cost-effective manner could adversely impact our operating results.
We are dependent upon a trained, dedicated sales force, the loss of which could materially affect our operations.
RISKS RELATING TO LEGAL AND REGULATORY MATTERS
Current and future litigation, governmental investigations and administrative claims, including antitrust-related governmental investigations and lawsuits, could harm our financial condition, results of operations or cash flows.
Environmental, health and safety regulatory matters could have a substantial negative impact on our financial condition, results of operations or cash flows.
We are an international company and are exposed to risks in the countries in which we have significant operations or interests. Changes in foreign laws and regulatory requirements, export controls or international tax treaties could adversely affect our financial condition, results of operations or cash flows.
The inability to register our products in member states of the EU under the REACh legislation may lead to some restrictions or cancellations of registrations, which could impact our ability to manufacture and sell certain products.
Our business depends upon many proprietary technologies, including patents and licenses. Our competitive position could be adversely affected if we fail to protect our patents or other intellectual property rights, or if we become subject to claims that we are infringing upon the rights of others.
Our patents may not provide full protection against competing manufacturers outside of the United States, the EU countries, and certain other developed countries. Weaker protection may adversely impact our sales and results of operations.
Full 10-K form ▸
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