Kodak 2011 Annual Report Download - page 11

AVAILABLE INFORMATION
The Company files many reports with the Securities and Exchange Commission (“SEC”) (www.sec.gov), including annual reports on Form 10-K,
quarterly reports on Form 10-Q and current reports on Form 8-K. These reports, and amendments to these reports, are made available free of charge
as soon as reasonably practicable after being electronically filed with or furnished to the SEC. They are available through the Company's website at
www.Kodak.com. To reach the SEC filings, follow the links to Investor Center, and then SEC Filings. The Company also makes available its annual
report to shareholders and proxy statement free of charge through its website. Additionally, the Company provides information related to the chapter
11 filing and reorganization plan through the Company’s www.kodaktransforms.com website.
We have included the CEO and CFO certifications required by Section 302 of the Sarbanes-Oxley Act of 2002 as exhibits to this report. We have also
included these certifications with the Form 10-K for the year ended December 31, 2010 filed on February 25, 2011.
ITEM 1A. RISK FACTORS
The Company’s filing of voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code and the Company’s ability to
successfully emerge as a stronger, leaner company may be affected by a number of risks and uncertainties.
The Company is subject to a number of risks and uncertainties associated with the filing of voluntary petitions for relief under chapter 11 of the U.S.
Bankruptcy Code, which may lead to potential adverse effects on the Company's liquidity, results of operations, brand or business prospects. We cannot
assure you of the outcome of the Company’s chapter 11 proceeding. Risks associated with the chapter 11 filing may impact all entities, including the Non-
Filing Entities, and include the following:
Continued investment, capital needs, restructuring payments and servicing the Company’s debt require a significant amount of cash and the
Company’s ability to generate cash may be affected by factors beyond the Company’s control.
The Company’s business may not generate cash flow in an amount sufficient to enable us to pay the principal of, or interest on, the Company’s
indebtedness, or to fund the Company’s other liquidity needs, including working capital, capital expenditures, product development efforts, strategic
acquisitions, investments and alliances, and other general corporate requirements.
The Company’s ability to generate cash is subject to general economic, financial, competitive, litigation, regulatory and other factors that are beyond the
Company’s control. We cannot assure you that:
•
the ability of the Company to continue as a going concern;
•
the Company's ability to obtain Bankruptcy Court approval with respect to motions in the chapter 11 cases and the outcomes of Bankruptcy Court
rulings of the case in general;
•
the length of time the Company will operate under the chapter 11 cases and its ability to successfully emerge;
•
the ability of the Company and its subsidiaries to develop and consummate one or more plans of reorganization with respect to the chapter 11 cases;
•
the Company’
s ability to obtain Bankruptcy Court and creditor approval of its reorganization plan and the impact of alternative proposals, views and
objections of creditor committees and representatives, which may make it difficult to develop and consummate a reorganization plan in a timely
manner;
•
risks associated with third party motions in the chapter 11 cases, which may interfere with the Company's plans of reorganization;
•
the ability to maintain sufficient liquidity throughout the chapter 11 proceedings;
•
increased costs related to the bankruptcy filing and other litigation;
•
the Company's ability to manage contracts that are critical to its operation, to obtain and maintain appropriate terms with customers, suppliers and
service providers;
•
whether the Company's non-U.S. subsidiaries continue to operate their businesses in the normal course;
•
the Company’s ability to fairly resolve legacy liabilities in alignment with the Company’s plan of reorganization;
•
the outcome of all pre-petition claims against the Company; and the Company’
s ability to maintain existing customers, vendor relationships and expand
sales to new customers.
•
the Company’s businesses will generate sufficient cash flow from operations;
•
the Company’s plans to generate cash proceeds through the sale of non-core assets will be successful;
•
the Company’s ability to generate cash proceeds through the execution of the Company’
s intellectual property licensing strategies, or the potential sale
of the Company
’
s digital imaging patent portfolios will generate sufficient cash proceeds;
•
we will be able to repatriate or move cash to locations where and when it is needed;
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