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Potential product
liability claims relating to the products we manufacture
Our products are sold for
use in a variety of activities, which are subject to inherent risks that could
result in death, personal injury, property damage, pollution or loss of
production and potential resultant liabilities of the Company. Actual or
claimed defects in our products may give rise to claims against us for losses
and expose us to claims for damages. We cannot assure that our insurance will
be adequate or available to protect us in the event of a claim or that the
coverage will not be canceled or otherwise terminated.
We may face risks
associated with the implementation of our growth strategy
As part of our
growth strategy, we may expand our existing facilities, build additional
plants, acquire other businesses and steel assets, enter into joint ventures,
or form strategic alliances that we believe will complement our existing
business. These transactions will likely involve some or all of the following
risks:
• difficulty
of competing for acquisitions and other growth opportunities with companies
having materially greater financial resources
• difficulty
of integrating acquired operations and personnel into our existing business
• potential
disruption of our ongoing business and culture
• diversion
of resources
• inability
of management to maintain uniform standards, controls, procedures and policies
• difficulties
of managing the growth of a larger company
• risk
of entering markets in which we have limited experience
• risk
of becoming involved in labor, commercial or regulatory disputes or litigation
related to new enterprise
• risk
of contractual or operational liability to our venture participants or to third
parties as a result of our participation
• inability
to work efficiently with joint venture or strategic alliance partners
• difficulties
of terminating joint venture or strategic alliance arrangements
These transactions might
be required for us to remain competitive, but we may not be able to complete
any such transactions on favorable terms or obtain financing, if necessary, for
such transactions on favorable terms. Future transactions may not improve our
competitive position and business prospects as anticipated, and if they do not,
our sales and earnings may be significantly reduced.
Environmental
regulation imposes substantial costs and limitations on our operations
We are subject to the risk of substantial
environmental liability and limitations on our operations brought about by the
requirements of environmental laws and regulations. We are subject to various
federal, state, provincial and local environmental, health and safety laws and
regulations concerning such issues as air emissions, wastewater discharges,
solid and hazardous materials and waste handling and disposal, and the
investigation and remediation of contamination. These laws and regulations are
increasingly stringent. While we believe that our facilities are and will
continue to be in material compliance with all applicable environmental laws
and regulations, the risks of substantial costs and liabilities related to
compliance with such laws and regulations are an inherent part of our business.
Although we are not currently involved in any material remediation activities,
it is possible that future conditions may develop, or be discovered that create
substantial environmental remediation liabilities and costs. For example, our
steel-making operations produce certain waste products, such as electric arc
furnace dust, which are classified as hazardous waste and must be properly
disposed of under applicable environmental laws. These laws can impose clean up
liability on generators of hazardous waste and other substances that are
shipped off-site for disposal, regardless of fault or the legality of the
disposal activities. Other laws may require us to investigate and remediate
contamination at our properties, including contamination that was caused in
whole or in part by third parties. While we believe that we can comply with
environmental legislation and regulatory requirements and that the costs of
doing so have been included within our budgeted cost estimates, it is possible
that such compliance will prove to be more limiting and costly than
anticipated.
In addition to potential clean up liability, we may
become subject to substantial monetary fines and penalties for violation of
applicable laws, regulations or administrative conditions. We may also be
subject from time to time to legal proceedings brought by private parties or
governmental agencies with respect to environmental matters, including matters
involving alleged property damage or personal injury.
Our business requires substantial capital investment
and maintenance expenditures, which we may be unable to provide
Our business strategy may
require additional substantial capital investment. We require capital for
acquiring new equipment, maintaining the condition of our existing equipment,
completing future acquisitions and maintaining compliance with environmental
laws and regulations. To the extent that cash generated internally and cash
available under our credit facilities is not sufficient to fund capital
requirements, we may require additional debt and/or equity financing. However,
this type of financing may not be available or, if available, may not be on
satisfactory terms. Future debt financing, if available, may result in
increased interest and amortization expense, increased leverage and decreased
income available to fund further acquisitions and expansion. In addition,
future debt financing may limit our ability to withstand competitive pressures
and render us more vulnerable to economic downturns. If we fail to generate or
obtain sufficient additional capital in the future, we could be forced to
reduce or delay capital expenditures and acquisitions, sell assets or
restructure or refinance our indebtedness.
Variability in weather
conditions may affect our production and sales
Variability in weather
conditions may from time to time affect our production capabilities and the
ability to sell our products to our customers. Our production facilities, from
time to time, were required to curtail production as a result of weather
related conditions, such as hurricanes. Additionally, weather conditions can
affect our customers who
drill for oil and natural gas as they may be prevented from entering or
commencing drill sites. Therefore, unexpected weather conditions could have a
negative impact on our sales, revenues, margin and profitability.
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