TiVo 2008 Annual Report Download - page 34

Table of Contents
• the timing and introduction of new services and features on the TiVo service;
• seasonality and other consumer and advertising trends;
• changes in revenue sharing arrangements with our strategic relationships;
• entering into new or terminating existing strategic partnerships;
• changes in our pricing policies, the pricing policies of our competitors and general pricing trends in the consumer electronics market;
• timing of revenue recognition under our licensing agreements;
• loss of subscriptions to the TiVo service;
• recruiting and retention of key personnel; and
• general economic conditions.
Because our expenses precede associated revenues, unanticipated shortfalls in revenues could adversely affect our results of operations for any given
period and cause the market price of our common stock to fall.
Seasonal trends may cause our quarterly operating results to fluctuate and our inability to forecast these trends may adversely affect the
market price of our common stock.
Consumer electronic product sales have traditionally been much higher during the holiday shopping season than during other times of the year.
Although predicting consumer demand for our products is very difficult, we have experienced that sales of DVRs and new subscriptions to the TiVo service
have been disproportionately high during the holiday shopping season when compared to other times of the year. If we are unable to accurately forecast and
respond to consumer demand for our products, our reputation and brand will suffer and the market price of our common stock would likely fall.
We expect that a portion of our future revenues will come from targeted commercials and other forms of interactive television advertising enabled by
the TiVo service. Expenditures by advertisers tend to be seasonal and cyclical, reflecting overall economic conditions as well as budgeting and buying
patterns. A decline in the economic prospects of advertisers or the economy in general could alter current or prospective advertisers' spending priorities or
increase the time it takes to close a sale with our advertisers, which could cause our revenues from advertisements to decline significantly in any given period.
If we are unable to raise additional capital through the issuance of equity, debt or other financing activities on acceptable terms, our ability to
effectively manage growth and build a strong brand could be harmed. We may incur debt to which covenants attach which could be violated if we do
not meet our expectations.
We expect that our existing capital resources will be sufficient to meet our cash requirements through the next twelve months. However, as we continue
to grow our business, we may need to raise additional capital, which may not be available on acceptable terms or at all. We may also incur debt which will
subject us to restrictive covenants which if violated by us would cause us to incur penalties and increased expenses which could in turn harm our business. If
we cannot raise necessary additional capital on acceptable terms, we may not be able to develop or enhance our products and services, take advantage of
future opportunities or respond to competitive pressures or unanticipated requirements.
If additional capital is raised through the issuance of equity securities, the percentage ownership of our existing stockholders will decline, stockholders
may experience dilution in net book value per share, or these equity securities may have rights, preferences or privileges senior to those of the holders of our
common stock. In addition, we may be limited in our ability to raise capital through the issuance of additional equity securities by the number of authorized,
but unissued and unreserved shares of our common stock available for issuance. Any debt financing, if available, may involve covenants limiting, or
restricting our operations or future opportunities. For example, we may seek to leverage our existing and future revenues to raise capital for investing in future
subscription growth initiatives. Such financing activities may involve the issuance of debt or other secured instruments tied to current or future revenues that
may involve covenants limiting, or restricting our operations or future opportunities or may involve other risks to stockholders.
The large number of shares available for future sale could adversely affect the market price for our stock.
Sales of a substantial number of shares of our common stock in the public market or the perception that such sales might occur could adversely affect
the market price of our common stock. Several of our stockholders own a substantial number of our shares.
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