1093691--3/16/2009--PLUG_POWER

related topics

{product, candidate, development}

{product, market, service}

{stock, price, share}

{product, liability, claim}

{gas, price, oil}

{customer, product, revenue}

{property, intellectual, protect}

{cost, operation, labor}

{operation, international, foreign}

{acquisition, growth, future}

{condition, economic, financial}

{cost, regulation, environmental}

{control, financial, internal}

{personnel, key, retain}

{provision, law, control}

{tax, income, asset}

{competitive, industry, competition}

{regulation, change, law}

Delays in our product development could have a material impact on the commercialization of our products. We may never complete the research and development of certain commercially viable energy and material handling products. We have incurred losses and anticipate continued losses for at least the next several years. We are still a development stage company. Our financial results could be negatively impacted by impairments of goodwill or other intangible assets required by SFAS 142 and the application of future accounting policies or interpretations of existing accounting policies. A viable market for our products may never develop or may take longer to develop than we anticipate. We have no experience manufacturing our products on a large-scale commercial basis and may be unable to do so. We have not developed and produced the products that we have agreed to sell to some of our customers. Our orders may not ship or convert to revenue, in whole or in part. We may be unable to establish relationships, or we may lose existing relationships, with third parties for certain aspects of product development, manufacturing, distribution and servicing and the supply of key components for our products. We rely on our partners to develop and provide components for our products. We face intense competition and may be unable to compete successfully. We must lower the cost of our products and demonstrate their reliability. Failure of our field tests could negatively impact demand for our products. Further regulatory changes and electric utility industry restructuring may affect demand for our products. Our business may become subject to future government regulation, which may impact our ability to market our products. Utility companies could place barriers on our entry into the marketplace where customers depend on traditional grid supplied energy. Alternatives to our technology or improvements to traditional energy technologies could make our products less attractive or render them obsolete. The hydrocarbon fuels and other raw materials on which our products rely may not be readily available or available on a cost-effective basis. Our products use flammable fuels that are inherently dangerous substances. Product liability or defects could negatively impact our results of operations. Future acquisitions may be difficult to integrate, add additional burden to our management and reduce the percentage ownership of our stockholders. We may not be able to protect important intellectual property and we could incur substantial costs defending against claims that our products infringe on the proprietary rights of others. We rely, in part, on contractual provisions to protect our trade secrets and proprietary knowledge. We may have difficulty managing change in our operations. We face risks associated with our plans to market, distribute and service our products internationally. Our international sales and operations may be adversely affected by changes in local government laws, regulations and policies. Our government contracts could restrict our ability to effectively commercialize our technology. Our future plans could be harmed if we are unable to attract or retain key personnel. OJSC (Third Generation Company of the Wholesale Electricity Market)(OGK-3) has substantial control over us and could limit your ability to influence the outcome of key transactions, including a change of control. If a substantial number of shares of the Company s common stock become available for sale and are sold in a short period of time, the market price of our common stock could decline. Provisions in our charter documents and Delaware law may prevent or delay an acquisition of us, which could decrease the value of our common stock. Our stock price has been and could remain volatile. Our failure to comply with NASDAQ s listing standards could result in the delisting of our common stock by NASDAQ from the NASDAQ Global Market and severely limit the ability to sell our common stock. If we do not realize the expected benefits from our restructuring plans, our business prospects may suffer and our operating results and financial condition would be adversely affected. Adverse changes in general economic conditions in the United States or any of the major countries in which we do business could adversely affect our operating results.

Full 10-K form ▸

1093691--3/16/2009--PLUG_POWER_INC