1324479--3/10/2010--AMERICAN_COMMERCIAL_LINES

related topics

{debt, indebtedness, cash}

{operation, natural, condition}

{cost, operation, labor}

{cost, regulation, environmental}

{regulation, change, law}

{capital, credit, financial}

{gas, price, oil}

{financial, litigation, operation}

{condition, economic, financial}

{customer, product, revenue}

{competitive, industry, competition}

{operation, international, foreign}

{personnel, key, retain}

{property, intellectual, protect}

{system, service, information}

{loss, insurance, financial}

Freight transportation rates for the Inland Waterways fluctuate from time to time and may decrease. An oversupply of barging capacity may lead to reductions in freight rates. Yields from North American and worldwide grain harvests could materially affect demand for our barging services. Diminishing demand for new barge construction may lead to a reduction in sales volume and prices for new barges. Volatile steel prices may lead to a reduction in or delay of demand for new barge construction. Higher fuel prices, if not recouped from our customers, could dramatically increase operating expenses and adversely affect profitability. Our operating margins are impacted by certain low margin legacy contracts and by spot rate market volatility for grain volume and pricing. We are subject to adverse weather and river conditions, including marine accidents. Seasonal fluctuations in industry demand could adversely affect our operating results, cash flow and working capital requirements. The aging infrastructure on the Inland Waterways may lead to increased costs and disruptions in our operations. The inland barge transportation industry is highly competitive; increased competition could adversely affect us. Global trade agreements, tariffs and subsidies could decrease the demand for imported and exported goods, adversely affecting the flow of import and export tonnage through the Port of New Orleans and other Gulf-coast ports and the demand for barging services. Our failure to comply with government regulations affecting the barging industry, or changes in these regulations, may cause us to incur significant expenses or affect our ability to operate. Our maritime operations expose us to numerous legal and regulatory requirements, and violation of these regulations could result in criminal liability against us or our officers. The Jones Act restricts foreign ownership of our stock, and the repeal, suspension or substantial amendment of the Jones Act could increase competition on the Inland Waterways and have a material adverse effect on our business. RISKS RELATED TO OUR BUSINESS We are named as a defendant in lawsuits and we are in receipt of other claims and we cannot predict the outcome of such litigation and claims which may result in the imposition of significant liability. We are facing significant litigation which may divert management attention and resources from our business. Our insurance may not be adequate to cover our losses. Our aging fleet of dry cargo barges may lead to increased costs and disruptions in our operations. We have experienced work stoppages by union employees in the past, and future work stoppages may disrupt our services and adversely affect our operations. We may not ultimately be able to drive efficiency to the level to achieve our current forecast of tonnage without investing additional capital or incurring additional costs. Our cash flows and borrowing facilities may not be adequate for our additional capital needs and our future cash flow and capital resources may not be sufficient for payments of interest and principal of our substantial indebtedness. A significant portion of our borrowings are tied to floating interest rates which may expose us to higher interest payments should interest rates increase substantially. The indenture and the Credit Facility impose significant operating and financial restrictions on our Company and our subsidiaries, which may prevent us from capitalizing on business opportunities. We face the risk of breaching covenants in the Credit Facility. The loss of one or more key customers, or material nonpayment or nonperformance by one or more of our key customers, could cause a significant loss of revenue and may adversely affect profitability. A major accident or casualty loss at any of our facilities could significantly reduce production. A temporary or permanent closure of the river to barge traffic in the Chicago area in response to the threat of Asian carp migrating into the Great Lakes may have an adverse affect on operations in the area. Interruption or failure of our information technology and communications systems, or compliance with requirements related to controls over our information technology protocols, could impair our ability to effectively provide our services or increase our information technology costs and could damage our reputation. Our transportation division employees are covered by federal maritime laws that may subject us to job-related claims in addition to those provided by state laws. The loss of key personnel, including highly skilled and licensed vessel personnel, could adversely affect our business. Failure to comply with environmental, health and safety regulations could result in substantial penalties and changes to our operations.

Full 10-K form ▸

1324479--3/10/2010--AMERICAN_COMMERCIAL_LINES_INC.