Exhibit 99.1
SAFE HARBOR STATEMENT
UNDER THE PRIVATE SECURITIES
LITIGATION REFORM ACT OF
1995
In connection with the safe harbor
provisions of the Private Securities Litigation Reform Act of 1995 (the Reform Act), Ball
is hereby filing cautionary statements identifying important factors that could cause
Balls actual results to differ materially from those projected in forward-looking
statements of Ball. Forward-looking statements may be made in several different contexts;
for example, in the quarterly and annual earnings news releases, the quarterly earnings
news conferences hosted by the company, public presentations at industry, investor and
credit conferences, the companys Annual Report and in annual and periodic
communications with investors. The Form 10-Q may contain forward-looking statements.
As time passes, the relevance and accuracy of forward-looking statements may change. The
company currently does not intend to update any particular forward-looking statement
except, as it deems necessary at quarterly or annual release of earnings. You are advised,
however, to consult any further disclosures Ball makes on related subjects in our 10-Q,
8-K and 10-K reports to the Securities and Exchange Commission. The Reform Act defines
forward-looking statements as statements that express or imply an expectation or belief
and contain a projection, plan or assumption with regard to, among other things, future
revenues, income, earnings per share, cash flow or capital structure. Such statements of
future events or performance involve estimates, assumptions and uncertainties, and are
qualified in their entirety by reference to, and are accompanied by, the following
important factors that could cause Balls actual results to differ materially from
those contained in forward-looking statements made by or on behalf of Ball.
Some important factors that could
cause Balls actual results or outcomes to differ materially from those expressed or
implied and discussed in forward-looking statements include, but are not limited to:
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Fluctuation
in customer and consumer growth and demand, particularly during the months when the
demand for metal beverage beer and soft drink cans is heaviest; loss of major customers;
manufacturing overcapacity or under capacity; lack of productivity improvement or
production cost reductions; weather; fruit, vegetable and fishing yields; interest rates,
particularly on the floating rate debt of the company; labor strikes and work stoppages;
boycotts; litigation; antitrust, intellectual property, consumer and other issues; level
of maintenance and capital expenditures; capital availability; economic conditions; and
acts of war, terrorism or catastrophic events. |
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Competition in pricing and the possible decrease in, or loss of, sales resulting
therefrom; loss of profitability and plant closures, as well as the impact of price
increases on financial results. |
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The timing and extent of regulation or deregulation; competition in each line of business;
product development and introductions; and technology changes. |
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Balls ability or inability to
have available sufficient production capacity in a timely manner. |
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Overcapacity in foreign and domestic metal and plastic container industry production
facilities and its impact on pricing and financial results. |
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Regulatory action or federal, state, local or foreign laws, including restrictive
packaging legislation such as recycling laws or the German mandatory deposit legislation,
and environmental and workplace safety regulations. |
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Regulatory action or laws including those related to corporate governance and financial
reporting, regulations and standards, including changes in generally accepted accounting
principles or their interpretation. |
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Difficulties in obtaining raw materials, supplies, energy such as gas and electric power,
and natural resources needed for the production of metal and plastic containers as well as
aerospace products. |
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The cost and increased cost of raw materials, supplies, power and natural resources needed
for the production of metal and plastic containers as well as aerospace products; pricing
and ability or inability to sell scrap associated with the production of metal containers;
the effect of changes in the cost of warehousing the companys products; and
increases in various employee benefits and labor costs, including pension, medical and
health care costs incurred in the countries in which Ball has operations; and rates of
return projected and earned on assets of the companys defined retirement plans. |
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The ability or inability to pass on to customers changes in raw material cost,
particularly resin, steel and aluminum. |
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International business and market risks (including foreign exchange rates and tax rates),
particularly in the United States, Europe, and in foreign developing countries such as
China and Brazil; political and economic instability in foreign markets; restrictive trade
practices of the United States or foreign governments; sudden policy changes by the United
States or foreign governments; the imposition of duties, taxes or other government charges
by the United States or foreign governments; exchange controls; national or regional labor
strikes or work stoppages; and terrorist activity or war. |
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Foreign exchange rate of the U.S. dollar against the European euro, British pound, Polish
zloty, Hong Kong dollar, Canadian dollar, Chinese renminbi and Brazilian real. |
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Terrorist activity or war that disrupts the companys production, supply, pricing or
availability of the companys goods and services, including raw materials and energy
costs, and/or disrupts the companys ability to obtain adequate credit resources for
the foreseeable financing requirements of the companys businesses. |
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The ability or inability to purchase the companys common shares or obtain adequate
credit resources for foreseeable financing requirements of the companys businesses. |
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Undertaking successful and unsuccessful acquisitions, joint ventures and divestitures and
the integration activities associated with acquisitions and joint ventures, including the
integration and operation of the business of Schmalbach-Lubeca AG, now known as Ball
Packaging Europe. |
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The failure to make cash payments
and satisfy other debt obligations. |
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The ability or inability to achieve technological and product extensions or new
technological and product advances in the companys businesses. |
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The technical risks associated with aerospace products and services; and the success or
lack of success of satellite launches and the businesses and governments associated with
aerospace products and services and the launches. |
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The authorization, funding and availability of government contracts and the nature and
continuation of those contracts and related services provided thereunder, as well as the
cancellation or termination of government contracts for the U.S. government, other
customers or other government contractors. |
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Actual vs. estimated business consolidation and investment exit costs and the estimated
net realizable values of assets associated with such activities; and goodwill impairment. |
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Fluctuation in the fiscal and monetary policy established by the U.S. government. |