Kodak 2012 Annual Report Download - page 10

Table of Contents
EMPLOYMENT
At the end of 2012, Kodak employed the full time equivalent of approximately 13,000 people, of whom approximately 6,000 were employed in
the U.S. The actual number of employees may be greater because some individuals work part time.
AVAILABLE INFORMATION
Kodak 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 Kodak’s
website at www.Kodak.com. To reach the SEC filings, follow the links to Investor Center, and then SEC Filings. Additionally, Kodak provides
information related to the chapter 11 filing and reorganization plan through Kodak’s www.kodaktransforms.com website.
The CEO and CFO certifications required by Section 302 of the Sarbanes-Oxley Act of 2002 are included as exhibits to this report. These
certifications are also included with the Form 10-K for the year ended December 31, 2011 filed on February 29, 2012.
ITEM 1A. RISK FACTORS
Due to the Debtors’ restructuring process under chapter 11 of the United States Bankruptcy Code, the Debtors’ future operations are
uncertain and are affected by a number of risks and uncertainties over which the Company has little or no control.
The Debtors are 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 Debtors’ liquidity, results of operations, brand or business prospects.
We cannot assure you of the outcome of the Debtors’ chapter 11 proceedings. Risks associated with the chapter 11 proceedings may adversely
impact all entities, including the non-filing Entities, and include an adverse impact on the following:
Continued investment, capital needs, restructuring payments and servicing the Company’s debt require a significant amount of cash
and the Company may not be able to generate cash necessary to finance these activities, which could adversely affect its business,
operating results and financial condition and, as a result, its ability to successfully emerge from bankruptcy.
The Company’s business may not generate cash flow in an amount sufficient to enable it 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, costs related to the cases and other general corporate requirements.
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•
the ability of the Company to continue as a going concern;
• the Debtors’ ability to obtain Bankruptcy Court approval with respect to motions in the chapter 11 proceedings and the outcomes of
Bankruptcy Court rulings of the proceedings in general;
•
the length of time the Debtors will operate under the chapter 11 proceedings and its ability to successfully emerge;
• the ability of the Debtors to develop, consummate and implement one or more plans of reorganization with respect to the chapter 11
proceedings;
• the Debtors’ ability to obtain Bankruptcy Court and creditor approval of their plan of reorganization and the impact of alternative
proposals, views and objections of creditor committees and other stakeholders, which may make it difficult to develop and
consummate a plan of reorganization in a timely manner;
•
risks associated with third party motions in the chapter 11 proceedings, which may interfere with the Debtors
’
plan of reorganization;
•
the ability to maintain sufficient liquidity throughout the chapter 11 proceedings;
•
the ability of the Company to secure sufficient financing to support its reorganization and emergence from bankruptcy;
•
increased costs related to the bankruptcy filing and other litigation;
• The Debtors’ ability to manage contracts that are critical to operations, 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 ability to fairly resolve legacy liabilities in alignment with the Debtors
’
plan of reorganization;
•
the outcome of all pre
-
petition claims against the Debtors; and
•
the Company
’
s ability to maintain existing customers, vendor relationships and expand sales to new customers.