Not exact matches
Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply
arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on
pension plan assets and the impact of future discount rate changes on
pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the
Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.
(a) Schedule 2.7 (a) of the Disclosure Schedule contains a list setting forth each employee benefit plan, program, policy or
arrangement (including any «employee benefit plan» as defined in Section 3 (3) of the Employee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee
pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or
arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the
Company (collectively, the «
Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the
Company or (ii) the
Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or obligation.
It has already scored a number of client successes advising on complex
pension structuring cases, notably ensuring the continued survival of one manufacturing
company by successfully untangling it from # 500m of
pension scheme liabilities through a rare regulated apportionment
arrangement (RAA).
Andrew has advised many different participants in
pension and benefit
arrangements, including plan administrators, employers, boards of directors, trustees, insurance
companies, investment managers and plan beneficiaries.
We have advised on a number of deals where
pension liabilities have been apportioned to another group
company with the agreement of the
pension trustees, including advising alongside a top City
pensions practice on a groundbreaking flexible apportionment
arrangement structure.
«Given the speed at which Carillion collapsed, there appeared to be no time to attempt to save the
company by separating it from its 13 defined benefits schemes through the use of a regulated apportionment
arrangement, as most recently agreed, for example, in the British Steel
pension scheme.»
PPF has continued to block the terms of a
Company Voluntary
Arrangement proposed by Toys R Us and demanded # 9m to be injected into their
pension scheme.
Advising the UK based
pension scheme of an international transport
company in defeating a proposed
arrangement under which the UK
pension liabilities would have been left behind in a restructuring of the larger international group.
Where the UK target's securities are admitted to trading on a regulated market or multilateral trading facility in the UK or in the Channel Islands or Isle of Man or it is a plc or in certain circumstances a private
company, any acquirer needs to comply with the City Code on Takeovers («Takeover Code»), including the Takeover Code's
pension requirements where the target
company's
pension arrangements include a DB Scheme.
During the campaign to protect the existing DB
arrangement, unions mentioned the profits the drinks
company was making and how these compared with the
pension scheme.
Benefits Canada has reported on a Quebec Superior Court decision that calls into question the effectiveness of
pension protections granted by provincial legislation in situations where an insolvent employer is being liquidated under the federal
Companies» Creditors
Arrangement Act (CCAA).
The United Steelworkers union and a group of former executives of aluminum processor Indalex Ltd. had appealed the case to the Ontario appeal court as they were left with underfunded defined - benefit
pension plans when the
company went into
Companies» Creditors
Arrangement Act proceedings.
Although the case deals first and foremost with duties and priorities under the Ontario
Pension Benefits Act (PBA) and corporate insolvency under the Companies» Creditors Arrangements Act (CCAA), the Supreme Court's pending decision has ramifications for organizations, creditors (lenders) and pension plans across
Pension Benefits Act (PBA) and corporate insolvency under the
Companies» Creditors
Arrangements Act (CCAA), the Supreme Court's pending decision has ramifications for organizations, creditors (lenders) and
pension plans across
pension plans across Canada.
Advising Office Depot on the sale of its European business and a restructuring of its UK
pension scheme which included establishing a new sponsor, apportioning past services liabilities, amending and replacing parent
company guarantees, and putting in place various security
arrangements.
But the large Banks are engaged in complicated securitization
arrangements with investors like
pension funds and not so ironically insurance
companies.