813781--6/2/2010--EXIDE

related topics

{financial, litigation, operation}

{competitive, industry, competition}

{condition, economic, financial}

{cost, operation, labor}

{debt, indebtedness, cash}

{operation, international, foreign}

{cost, regulation, environmental}

{product, market, service}

{tax, income, asset}

{operation, natural, condition}

{stock, price, share}

{personnel, key, retain}

{acquisition, growth, future}

{regulation, change, law}

The Company s restructuring activities, designed to address the worsening global economy and excess capacity caused by reduced demand, may not realize the efficiencies anticipated and could result in additional unanticipated costs, which could have a material adverse effect on the Company s business, financial condition, cash flows or results of operations. The Company remains subject to a preliminary SEC inquiry. The Company is subject to fluctuations in exchange rates and other risks associated with its non-U.S. operations which could adversely affect the Company s business, financial condition, cash flows or results of operations. The Company s liquidity is affected by the seasonality of its business. Warm winters and cool summers adversely affect the Company. Decreased demand in the industries in which the Company operates may adversely affect its business, financial condition, cash flows or results of operations. The loss of the Company s primary supplier of polyethylene battery separators would have a material adverse effect on the Company s business, financial condition, cash flows or results of operations. Many of the industries in which the Company operates are cyclical. The Company is subject to pricing pressure from its larger customers. The Company faces increasing competition and pricing pressure from other companies in its industries, and if the Company is unable to compete effectively with these competitors, the Company s sales and profitability could be adversely affected. If the Company is not able to develop new products or improve upon its existing products on a timely basis, the Company s business, financial condition, cash flows or results of operations could be adversely affected. The Company may be adversely affected by the instability and uncertainty in the world financial markets and the global economy, and uncertainty around potential terrorist activities against global companies. The Company may be unable to successfully implement its business strategy, which could adversely affect its business, financial condition, cash flows or results of operations. The Company s senior management team is in transition. The Company is subject to costly regulation in relation to environmental and occupational, health and safety matters, which could adversely affect its business, financial condition, cash flows or results of operations. The EPA or state environmental agencies could take the position that the Company has liability under environmental laws that were not discharged in bankruptcy. To the extent these authorities are successful in disputing the pre-petition nature of these claims, the Company could be required to perform remedial work that has not yet been performed for alleged pre-petition contamination, which would have a material adverse effect on the Company s business, financial condition, cash flows or results of operations. Regulation and legislation adopted to address possible global climate change could increase our costs of operation and adversely affect the Company s business, financial condition, cash flows or results of operations. The Company may be adversely affected by legal proceedings to which the Company is, or may become, a party. The cost of resolving the Company s pre-petition disputed claims, including legal and other professional fees involved in settling or litigating these matters, could have a material adverse effect on its business, financial condition, cash flows or results of operations. Work stoppages or other labor issues at the Company s facilities or its customers or suppliers facilities could adversely affect the Company s business, financial condition, cash flows or results of operations. The Company s substantial indebtedness could adversely affect its business, financial condition, cash flows or results of operations. Restrictive covenants limit the Company s ability to operate its business and to pursue its business strategies, and its failure to comply with these covenants could result in an acceleration of its indebtedness. Holders of the Company s common stock are subject to the risk of dilution of their investment as the result of the issuance of additional shares of common stock and warrants to purchase common stock to holders of pre-petition claims to the extent the reserve of common stock and warrants established to satisfy such claims is insufficient. The Company s ability to recognize the benefits of deferred tax assets is dependent on future cash flows and taxable income. Negative tax consequences could materially and adversely affect the Company s business, financial condition, cash flows or results of operations. The Company is subject to regulation of its international operations that could adversely affect its business, financial condition, cash flows or results of operations.

Full 10-K form ▸

813781--6/2/2010--EXIDE_TECHNOLOGIES