1121439--3/26/2009--EMAGEON

related topics

{operation, natural, condition}

{capital, credit, financial}

{product, liability, claim}

{property, intellectual, protect}

{personnel, key, retain}

{product, market, service}

{regulation, government, change}

{system, service, information}

{customer, product, revenue}

{interest, director, officer}

{stock, price, operating}

{competitive, industry, competition}

{control, financial, internal}

{acquisition, growth, future}

The ability of our customers to purchase and to pay for our products and services is affected by the availability of capital and access to credit. If we are unable to develop new products, or if we are unable to upgrade the performance, features, and reliability of our existing products, our business and operating results could be adversely affected. If the merger contemplated by the Agreement and Plan of Merger entered into on February 23, 2009 with AMICAS, Inc. and AMICAS Acquisition Corp. does not occur, it could have a material adverse effect on our business, results of operations, and financial condition. Our prolonged investigation of strategic alternatives and the terms and conditions of our merger agreements with Health Systems Solutions and AMICAS have had and may continue to have adverse effects on our customers, personnel and other relationships as well as our operations and financial condition. The termination of our merger agreement with Health Systems Solutions may have a material adverse effect on our business, results of operations, and financial condition. We depend on highly specialized personnel, and the loss of, or failure to identify, hire, motivate and retain these highly specialized personnel could adversely affect our ability to manage our business. We may not be able to raise additional capital on acceptable terms to fund our operations, which could adversely affect our business. Recent modifications may make it difficult to access our line of credit. We have incurred substantial operating losses in the past. Our products are complex and are operated in a wide variety of network configurations, which could result in errors or product failures. We may not be able to respond to changes in our industry, competitive technologies, changes in customer requirements, or evolving industry standards, which would result in reduced revenue and profit margins. The loss of Ascension Health or other major customers could materially and adversely affect our results of operations and financial condition because portions of our future revenues are tied to continuing relationships with significant customers. We are dependent on our senior executive management, and the loss of any member of senior executive management may prevent us from managing and growing our business effectively. Our industry includes many large companies that have significantly greater resources and other competitive advantages, and we may not be able to compete successfully against these competitors. Our operating results may fluctuate, which makes quarterly results difficult to predict and could cause our stock price to decline or exhibit volatility. Our operating results could suffer if we become subject to a protracted infringement claim or litigation or a significant damage award. If we fail to obtain or maintain necessary FDA clearances for our products, if such clearances are delayed, or if our products are subject to FDA recall, we will be unable to distribute and market some of our products. If we fail to comply with other potentially applicable health care regulations, we could face substantial penalties. Product liability claims may require us to pay damages, reduce the demand for our products, and harm our reputation. If we fail to protect our intellectual property rights, our competitors may take advantage of our ideas to compete more effectively with us. Our directors may not be held personally liable for certain actions, which could discourage stockholder suits against them.

Full 10-K form ▸

1121439--3/26/2009--EMAGEON_INC