SAFE HARBOR STATEMENT
Published on November 9, 2005
Exhibit
99
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 Ball’s 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 company’s 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-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
Ball’s 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 Ball’s actual results or outcomes to differ
materially from those expressed or implied and discussed in forward-looking
statements include, but are not limited to:
| · |
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 or changes to contracts with one
or
more customers; manufacturing overcapacity or under capacity; failure
to
achieve anticipated productivity improvements or production cost
reductions including those associated with capital expenditures such
as
our beverage can end project; 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;
antitrust, intellectual property, consumer and other litigation; level
of
maintenance and capital expenditures; capital availability; economic
conditions; and acts of war, terrorism or catastrophic
events.
|
| · |
Competition
in pricing and the possible decrease in, or loss of, sales resulting
therefrom.
|
| · |
The
timing and extent of regulation or deregulation; competition in each
line
of business; product development and introductions; and technology
changes.
|
| · |
Ball’s
ability or inability to have available sufficient production capacity
in a
timely manner.
|
| · |
Overcapacity
in foreign and domestic metal and plastic container industry production
facilities and its impact on pricing and financial
results.
|
| · |
Regulatory
action or federal, state, local or foreign laws, including restrictive
packaging legislation such as recycling laws or the German mandatory
deposit legislation, and tax, environmental and workplace safety laws
and
regulations.
|
| · |
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.
|
| · |
Loss
contingencies related to income and other tax matters, including those
arising from audits performed by U.S. and foreign tax
authorities.
|
| · |
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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Exhibit
99 (continued)
| · |
The
availability and cost of raw materials, supplies, power and natural
resources needed for the production of metal and plastic containers
as
well as aerospace products including due to the effects of hurricanes
Katrina and Rita; 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 company’s defined retirement
plans.
|
| · |
The
ability or inability to pass on to customers changes in raw material
cost,
particularly resin, steel and aluminum.
|
| · |
International
business and market risks (including foreign exchange rates, tax rates
and
activities of foreign subsidiaries), particularly in Europe, and in
countries such as China and Brazil; political and economic instability
in
foreign markets; restrictive trade practices of the United States or
foreign governments; the imposition of duties, taxes or other government
charges by the United States or foreign governments; exchange
controls.
|
| · |
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.
|
| · |
Terrorist
activity or war that disrupts the company’s production, supply, pricing or
availability of the company’s goods and services, including raw materials
and energy costs, and/or disrupts the company’s ability to obtain adequate
credit resources for the foreseeable financing requirements of the
company’s businesses.
|
| · |
The
number and timing of the purchases of the company’s common shares or the
ability to obtain adequate credit resources for foreseeable financing
requirements of the company’s businesses.
|
| · |
Undertaking
successful and unsuccessful acquisitions, joint ventures and divestitures
and the integration activities associated with acquisitions and joint
ventures.
|
| · |
The
ability or inability to achieve technological and product extensions
or
new technological and product advances in the company’s
businesses.
|
| · |
Delays,
extensions and technical uncertainties, as well as schedules of
performance 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.
|
| · |
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.
|
| · |
Actual
versus estimated business consolidation and investment exit costs and
the
estimated net realizable values of assets associated with such activities;
and goodwill impairment.
|
| · |
Changes
to unaudited results due to statutory audits of our financial statements
or management’s evaluation of the company’s internal controls over
financial reporting.
|
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