Exhibit 99.2
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
conference calls hosted by the company, public presentations at investor and credit
conferences, the companys Annual Report and in annual and periodic communications
with investors. The Form 10-K 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-K, 10-Q and 8-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 one or
more major customers; manufacturing overcapacity or under capacity; lack of productivity
improvement or production cost reductions; changes in climate and 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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Loss contingencies related to income and other tax matters, including those arising from
audits performed by U.S. and foreign tax authorities. |
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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 and plastic
containers; the effect of changes in the cost of warehousing the companys products;
and increases and trends 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 and discount rates used to measure future
obligations and expenses 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, tax rates and
activities of foreign subsidiaries), 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. |
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Changes in the foreign exchange rate of the United States dollar against the European
euro, British pound, Polish zloty, Serbian dinar, Hong Kong dollar, Canadian dollar,
Chinese renminbi and Brazilian real, and in the foreign exchange rate of the euro against
the British pound, Polish zloty and Serbian dinar. |
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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 number and timing of the purchases of the companys common shares or the ability
to 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. |
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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 uncertainty and schedule of performance risks associated with contracts for
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 ability to invoice and collect accounts receivable related to aerospace contracts in
the ordinary course of business. |
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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 contracts for the United States government, other customers
or other government contractors. |
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Actual versus 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 policies established by the United States or foreign governments. |
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Changes to unaudited results due to statutory audits of our financial statements
or internal controls over financial reporting. |