EXHIBIT 99 SAFE HARBOR STATEMENT
Published on November 8, 2006
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 suppliers or changes to contracts
with one or more customers or suppliers; 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 affecting
our
debt; 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.
|
| · |
Accounting
changes, including the effect of LIFO accounting on earnings and
the
effect of changes to that accounting
method.
|
| · |
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.
|
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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.
|
| · |
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; 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; and changes in the company’s pension
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, Brazil and Argentina; 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, Brazilian real and Argentine
peso, and in the foreign exchange rate of the euro against the British
pound, Polish zloty and Serbian
dinar.
|
| · |
Undertaking
successful and unsuccessful acquisitions, joint ventures and divestitures
and the integration activities associated with acquisitions and joint
ventures, including the businesses recently acquired from the shareholders
of U.S. Can Corporation and from Alcan
Packaging.
|
| · |
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, services
and launches.
|
| · |
The
authorization, funding and availability and returns of government
contracts and the nature and continuation of those contracts and
related
services provided thereunder, as well as the delay, 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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