912093--8/27/2008--JDS_UNIPHASE_CORP

related topics

{control, financial, internal}

{stock, price, share}

{product, liability, claim}

{property, intellectual, protect}

{system, service, information}

{provision, law, control}

{cost, regulation, environmental}

{customer, product, revenue}

{condition, economic, financial}

{debt, indebtedness, cash}

{tax, income, asset}

{operation, international, foreign}

{personnel, key, retain}

{regulation, government, change}

{financial, litigation, operation}

We have a history of net losses, and our future profitability is not assured. Our Communications Test and Measurement Segment is particularly vulnerable to seasonal variations in our business. We have continuing concerns regarding the manufacture, quality and distribution of our products. These concerns are heightened with new product offerings and when overall demand increases. We rely on a limited number of customers for a significant portion of sales. If we fail to attract and retain key finance personnel, our ability to maintain internal control over financial reporting may be impaired. Certain of our non-communications related products are subject to governmental and industry regulations, certifications and approvals. We face risks related to our international operations and revenue. Changes in our effective tax rate or adverse outcomes resulting from tax audits may have an adverse impact our results. Our business and operations would be adversely impacted in the event of a failure of our information technology infrastructure. Failure to maintain effective internal controls may adversely affect our stock price. Out-of-period adjustments could require us to restate previously issued financial statements. If we fail to timely file with the trustee of our Zero Coupon Senior Convertible Notes or our 1% Senior Convertible Notes certain information, documents and reports required to be filed by us with the SEC, such notes could become due and payable immediately. As a result, our liquidity position could be adversely impacted or we may not have enough cash to pay the note holders, which would harm our business and the trading price of our debt and equity securities. We sold $475 million of senior convertible notes in 2003 and $425 million of senior convertible notes in 2006, which may cause our reported earnings per share to be more volatile because of the conversion contingency features of these notes. If we have insufficient proprietary rights or if we fail to protect those we have, our business would be materially harmed. We face certain litigation risks that could harm our business. We may be subject to environmental liabilities which could increase our expenses and harm our operating results. Our rights plan and our ability to issue additional preferred stock could harm the rights of our common stockholders. Some anti-takeover provisions contained in our charter and under Delaware laws could hinder a takeover attempt.

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912093--8/27/2008--JDS_UNIPHASE_CORP_/CA/