1258602--2/29/2008--NELNET

related topics

{regulation, government, change}

{loan, real, estate}

{stock, price, share}

{loss, insurance, financial}

{tax, income, asset}

{operation, international, foreign}

{stock, price, operating}

{financial, litigation, operation}

{acquisition, growth, future}

{customer, product, revenue}

{interest, director, officer}

{investment, property, distribution}

{system, service, information}

{capital, credit, financial}

{condition, economic, financial}

{product, market, service}

The Company may be subject to penalties and sanctions if it fails to comply with governmental regulations or guaranty agency rules. Competition created by the Federal Direct Loan Program and from other lenders and servicers and the impact of recent legislation may adversely impact the volume of future originations and the Company s servicing business. A decrease in third-party servicing volume could have a negative effect on the Company s earnings. The Company s inability or choice not to maintain its relationships with significant branding and forward flow partners and/or customers could have an adverse impact on its business. The Company could be sanctioned if it conducts activities which are considered prohibited inducements under the Higher Education Act. Future losses due to defaults on loans held by the Company present credit risk which could adversely affect the Company s earnings. The Company must satisfy certain requirements necessary to maintain the federal guarantees of its federally insured loans, and the Company may incur penalties or lose its guarantees if it fails to meet these requirements. The Company could experience cash flow problems if a guaranty agency defaults on its guaranty obligation. Higher rates of prepayments of student loans could reduce the Company s profits. Consolidation loan activity by competitors present a risk to the Company s loan portfolio and profitability. The Company faces liquidity risks associated with financing student loan originations and acquisitions. Elimination of the FFEL Program would have a significant negative effect on the Company s earnings and operations. Operating Segments Fee Based Businesses If regulatory authorities prohibit student lenders from engaging in non-lending activities, the Company may no longer be allowed to offer certain products and services or may be required to exit the lending business, which could negatively impact the Company s revenues. Changes in legislation and regulations could have a negative impact upon the Company s business and may affect its profitability. The Company s results are affected by competitive conditions and customer preferences. The Company faces liquidity risks associated with financing student loan originations and acquisitions. The Company is exposed to interest rate risk in the form of basis risk and repricing risk because the interest rate characteristics of the Company s assets do not match the interest rate characteristics of the funding. Characteristics unique to asset-backed securitizations may negatively affect the Company s continued liquidity The Company is exposed to interest rate risk because of the interest rate characteristics of certain of its assets and the interest rate characteristics of the related funding of such assets. The Company is subject to foreign currency exchange risk and such risk could lead to increased costs. The Company s derivative instruments may not be successful in managing interest and foreign currency exchange rate risks, which may negatively impact the Company s operations. The ratings of the Company or of any securities sold by the Company may change, which may increase the Company s costs of capital and may reduce the liquidity of the Company s securities. The Company may be limited in its ability to pay dividends or make other payments as a result of the terms of certain outstanding securities issued by the Company. If the Company s stock price falls, the Company s contingent obligations under certain agreements related to business acquisitions increase. Incorrect estimates and assumptions by management in connection with the preparation of the Company s consolidated financial statements could adversely affect the reported amounts of assets and liabilities and the reported amounts of income and expenses. The Company s future results may be affected by various legal and regulatory proceedings. The Company s failure to successfully manage business and certain asset acquisitions could have a material adverse effect on the Company s business, financial condition, and/or results of operations. The market price of the Company s Class A common stock may fluctuate significantly, which may result in losses for investors. The Company may not always pay dividends on its common stock. Negative publicity that may be associated with the student lending industry, including negative publicity about the Company, may harm the Company s reputation and adversely affect operating results. If management does not effectively execute the Company s restructuring plans, this could adversely affect the Company s operations, revenue, and the ability to compete. Failures in the Company s information technology system could materially disrupt its business. A loss of customer data requiring notification to customers could negatively impact the Company s business. Certain participants in the Company s stock compensation and benefit plans may have rescission rights with respect to shares of stock acquired under those plans. Exposure related to certain tax issues could decrease the Company s net income. Transactions with affiliates and potential conflicts of interest of certain of the Company s officers and directors, including the Company s Chief Executive Officer, pose risks to the Company s shareholders that the Company may not enter into transactions on the same terms that the Company could receive from unrelated, third-parties. The Company s Chairman and Chief Executive Officer owns a substantial percentage of the Company s Class A and Class B common stock and is able to control all matters subject to a shareholder vote.

Full 10-K form ▸

1258602--2/29/2008--NELNET_INC