SAFE HARBOR STATEMENT
Published on November 7, 2007
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:
·
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Fluctuation
in customer and
consumer growth, demand and preferences, 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.
|
·
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Competition
in pricing and the
possible decrease in, or loss of, sales resulting
therefrom.
|
·
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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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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 accounting changes and 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)
·
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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.
|
·
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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 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.
|
·
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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.
|
·
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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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