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Advanced Medical Optics (EYE)
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EYE » Topics » We generally do not have long-term contracts with our customers, and our revenues with LASIK customers are concentrated.

These excerpts taken from the EYE 10-K filed Feb 24, 2009.

We generally do not have long-term contracts with our customers, and our revenues with LASIK customers are concentrated.

We generally do not enter into long-term contracts with our customers. As a result, we are exposed to volatility in the market for our products and loss of our customers. A significant percentage of our LASIK sales are to corporate LASIK chains, particularly in the U.S., Japan and parts of Europe. We anticipate that these chains will continue to garner more of the LASIK procedure market in these areas. This concentration has the potential to affect our sales, should any one or more of these corporate chains move to a competitor’s technology. The concentration has also negatively impacted our ability to collect payments when any one or more of these chains experience financial difficulties and may continue to do so in the future. As a result of these factors, we may not be able to maintain our level of profitability or collect cash that is due to us. If we are unable to market our products on terms we find acceptable or collect monies owed to us, our financial condition, results of operations and cash flows could suffer materially.

We generally do not have long-term contracts with our customers, and our revenues with LASIK customers are
concentrated.

We generally do not enter into long-term contracts with our customers. As a result, we are exposed to volatility in
the market for our products and loss of our customers. A significant percentage of our LASIK sales are to corporate LASIK chains, particularly in the U.S., Japan and parts of Europe. We anticipate that these chains will continue to garner more of
the LASIK procedure market in these areas. This concentration has the potential to affect our sales, should any one or more of these corporate chains move to a competitor’s technology. The concentration has also negatively impacted our ability
to collect payments when any one or more of these chains experience financial difficulties and may continue to do so in the future. As a result of these factors, we may not be able to maintain our level of profitability or collect cash that is due
to us. If we are unable to market our products on terms we find acceptable or collect monies owed to us, our financial condition, results of operations and cash flows could suffer materially.

STYLE="margin-top:12px;margin-bottom:0px">Our business is subject to extensive government regulation.

FACE="Times New Roman" SIZE="2">Our products and operations are subject to extensive regulation in the United States by the FDA and various other federal and state regulatory agencies, including with respect to regulatory clearance or approval of
our products, clinical and pre-clinical testing, product marketing, sales and distributions, adverse event reporting, prohibitions on fraud and abuse, submission of false claims, kickbacks and rebates, and relationships with physicians and other
referral sources. Additionally, in many foreign countries in which we market our products, we are subject to similar regulations. These laws and regulations are broad in scope and are subject to change. There may also be an absence of any guidance
on certain practices. Consequently, our practices may be challenged or we could incur substantial costs associated with compliance or changing our practices. Our policies mandate compliance with these laws, but we cannot provide assurance that our
policies will protect us from reckless or criminal acts by our employees or agents. Violations of these laws, or allegations of such violations, could disrupt our business and result in a material adverse effect on our revenues, profitability and
financial condition, and subject us to criminal or civil enforcement actions and penalties, including fines or imprisonment.

Before a new
medical device or new use of, or claim for, or modification to an existing product can be marketed in the United States, a company may have to apply for and receive either 510(k) clearance or premarket approval. Either process can be expensive,
lengthy and unpredictable. Also, the identification or increased frequency of safety or effectiveness concerns could result in product recall or withdrawal, rescission or withdrawal of our FDA clearance or premarket approval. Compliance with these
regulations is expensive and time-consuming. We, our subcontractors, and third-party manufacturers are subject to periodic and unannounced inspections by FDA and governmental authorities to assess compliance. If we fail to comply, the FDA and state
or other regulatory agencies have broad enforcement powers, including any of the following sanctions:

 







 • 

warning letters, fines, injunctions, consent decrees, civil penalties and exclusion from participation in federal and state health care programs;

 







 • 

repair, replacement, recall or seizure of our products;

 







 • 

operating restrictions, partial suspension or total shutdown of production;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

refusal of our requests for 510(k) clearance or premarket approval of new products, new intended uses or modifications to existing products;

 







 • 

rescission of 510(k) clearance or withdrawal of premarket approvals that have already been granted;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

suspension of sales to the Veterans Administration; and

 







 • 

criminal prosecution and penalties.

SIZE="2">Product sales, introductions or modifications may be delayed or canceled as a result of U.S. or foreign regulatory processes, which could cause our sales to decline. Failure to obtain regulatory clearance or approvals of new products or
product modifications we develop, any limitations imposed by regulatory agencies on new product uses or the costs of obtaining regulatory clearance or approvals could have a material adverse effect on our business, financial condition and results of
operations.

We, our subcontractors, and third-party manufacturers are also subject to similar state requirements and licenses. We, our
subcontractors, and third-party manufacturers must comply with extensive recordkeeping and

 


23






Table of Contents



reporting requirements and must make available our manufacturing facilities and records for unannounced and periodic inspections by governmental agencies,
including FDA, state authorities and comparable agencies in other countries.

Health care initiatives and other cost-containment pressures
could cause us to sell our products at lower prices, resulting in less revenue to us. In the United States, a significant percentage of the patients who receive our intraocular lenses are covered by the federal Medicare program. Changes in coverage
or coding policies or reductions in Medicare reimbursement rates and the implementation of other price controls could adversely affect our revenues and financial condition. In addition, changes in existing regulatory requirements or adoption of new
requirements could hurt our business, financial condition and results of operations.

We generally do not have long-term contracts with our customers, and our revenues with LASIK customers are
concentrated.

We generally do not enter into long-term contracts with our customers. As a result, we are exposed to volatility in
the market for our products and loss of our customers. A significant percentage of our LASIK sales are to corporate LASIK chains, particularly in the U.S., Japan and parts of Europe. We anticipate that these chains will continue to garner more of
the LASIK procedure market in these areas. This concentration has the potential to affect our sales, should any one or more of these corporate chains move to a competitor’s technology. The concentration has also negatively impacted our ability
to collect payments when any one or more of these chains experience financial difficulties and may continue to do so in the future. As a result of these factors, we may not be able to maintain our level of profitability or collect cash that is due
to us. If we are unable to market our products on terms we find acceptable or collect monies owed to us, our financial condition, results of operations and cash flows could suffer materially.

STYLE="margin-top:12px;margin-bottom:0px">Our business is subject to extensive government regulation.

FACE="Times New Roman" SIZE="2">Our products and operations are subject to extensive regulation in the United States by the FDA and various other federal and state regulatory agencies, including with respect to regulatory clearance or approval of
our products, clinical and pre-clinical testing, product marketing, sales and distributions, adverse event reporting, prohibitions on fraud and abuse, submission of false claims, kickbacks and rebates, and relationships with physicians and other
referral sources. Additionally, in many foreign countries in which we market our products, we are subject to similar regulations. These laws and regulations are broad in scope and are subject to change. There may also be an absence of any guidance
on certain practices. Consequently, our practices may be challenged or we could incur substantial costs associated with compliance or changing our practices. Our policies mandate compliance with these laws, but we cannot provide assurance that our
policies will protect us from reckless or criminal acts by our employees or agents. Violations of these laws, or allegations of such violations, could disrupt our business and result in a material adverse effect on our revenues, profitability and
financial condition, and subject us to criminal or civil enforcement actions and penalties, including fines or imprisonment.

Before a new
medical device or new use of, or claim for, or modification to an existing product can be marketed in the United States, a company may have to apply for and receive either 510(k) clearance or premarket approval. Either process can be expensive,
lengthy and unpredictable. Also, the identification or increased frequency of safety or effectiveness concerns could result in product recall or withdrawal, rescission or withdrawal of our FDA clearance or premarket approval. Compliance with these
regulations is expensive and time-consuming. We, our subcontractors, and third-party manufacturers are subject to periodic and unannounced inspections by FDA and governmental authorities to assess compliance. If we fail to comply, the FDA and state
or other regulatory agencies have broad enforcement powers, including any of the following sanctions:

 







 • 

warning letters, fines, injunctions, consent decrees, civil penalties and exclusion from participation in federal and state health care programs;

 







 • 

repair, replacement, recall or seizure of our products;

 







 • 

operating restrictions, partial suspension or total shutdown of production;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

refusal of our requests for 510(k) clearance or premarket approval of new products, new intended uses or modifications to existing products;

 







 • 

rescission of 510(k) clearance or withdrawal of premarket approvals that have already been granted;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

suspension of sales to the Veterans Administration; and

 







 • 

criminal prosecution and penalties.

SIZE="2">Product sales, introductions or modifications may be delayed or canceled as a result of U.S. or foreign regulatory processes, which could cause our sales to decline. Failure to obtain regulatory clearance or approvals of new products or
product modifications we develop, any limitations imposed by regulatory agencies on new product uses or the costs of obtaining regulatory clearance or approvals could have a material adverse effect on our business, financial condition and results of
operations.

We, our subcontractors, and third-party manufacturers are also subject to similar state requirements and licenses. We, our
subcontractors, and third-party manufacturers must comply with extensive recordkeeping and

 


23






Table of Contents



reporting requirements and must make available our manufacturing facilities and records for unannounced and periodic inspections by governmental agencies,
including FDA, state authorities and comparable agencies in other countries.

Health care initiatives and other cost-containment pressures
could cause us to sell our products at lower prices, resulting in less revenue to us. In the United States, a significant percentage of the patients who receive our intraocular lenses are covered by the federal Medicare program. Changes in coverage
or coding policies or reductions in Medicare reimbursement rates and the implementation of other price controls could adversely affect our revenues and financial condition. In addition, changes in existing regulatory requirements or adoption of new
requirements could hurt our business, financial condition and results of operations.

These excerpts taken from the EYE 10-K filed Mar 3, 2008.

We generally do not have long-term contracts with our customers, and our revenues with LASIK customers are concentrated.

We generally do not enter into long-term contracts with our customers. As a result, we are exposed to volatility in the market for our products and loss of our customers. A significant percentage of our LASIK sales are to corporate LASIK chains, particularly in the U.S., Japan and parts of Europe. We anticipate that these chains will continue to garner more of the LASIK procedure market in these areas. This concentration has the potential to affect our sales, should any one or more of these corporate chains move to a competitor’s technology. The concentration could also negatively impact our ability to collect payments should any one or more of these chains experience financial difficulties. As a result of these factors, we may not be able to maintain our level of profitability or collect cash that is due to us. If we are unable to market our products on terms we find acceptable or collect monies owed to us, our financial condition and results of operations could suffer materially.

We generally do not have long-term contracts with our customers, and our
revenues with LASIK customers are concentrated.

We generally do not enter into long-term contracts with our customers. As a result,
we are exposed to volatility in the market for our products and loss of our customers. A significant percentage of our LASIK sales are to corporate LASIK chains, particularly in the U.S., Japan and parts of Europe. We anticipate that these chains
will continue to garner more of the LASIK procedure market in these areas. This concentration has the potential to affect our sales, should any one or more of these corporate chains move to a competitor’s technology. The concentration could
also negatively impact our ability to collect payments should any one or more of these chains experience financial difficulties. As a result of these factors, we may not be able to maintain our level of profitability or collect cash that is due to
us. If we are unable to market our products on terms we find acceptable or collect monies owed to us, our financial condition and results of operations could suffer materially.

FACE="Times New Roman" SIZE="2">Our business is subject to extensive government regulation.

Our products and operations are
subject to extensive regulation in the United States by the FDA and various other federal and state regulatory agencies, including with respect to regulatory clearance or approval of our products, clinical and pre-clinical testing, product
marketing, sales and distributions, adverse event reporting, prohibitions on fraud and abuse, submission of false claims, kickbacks and rebates, and relationships with physicians and other referral sources. Additionally, in many foreign countries in
which we market our products, we are subject to similar regulations.

Before a new medical device or new use of, or claim for, or
modification to an existing product can be marketed in the United States, a company may have to apply for and receive either 510(k) clearance or premarket approval. Either process can be expensive, lengthy and unpredictable. Also, the identification
or increased frequency of safety or effectiveness concerns could result in product recall or withdrawal or rescission of our FDA clearance or premarket approval. Compliance with these regulations is expensive and time-consuming. We, our
subcontractors, and third-party manufacturers are subject to periodic and unannounced inspections by FDA and governmental authorities to assess compliance. If we fail to comply, the FDA and state or other regulatory agencies have broad enforcement
powers, including any of the following sanctions:

 







 • 

warning letters, fines, injunctions, consent decrees, civil penalties and exclusion from participation in federal and state health care programs;

 







 • 

repair, replacement, recall or seizure of our products;

 







 • 

operating restrictions, partial suspension or total shutdown of production;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

refusal of our requests for 510(k) clearance or premarket approval of new products, new intended uses or modifications to existing products;

 







 • 

withdrawal of 510(k) clearance or premarket approvals that have already been granted;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

suspension of sales to the Veterans Administration; and

 







 • 

criminal prosecution and penalties.

 


21






Table of Contents


Product sales, introductions or modifications may be delayed or canceled as a result of U.S. or foreign
regulatory processes, which could cause our sales to decline. Failure to obtain regulatory clearance or approvals of new products or product modifications we develop, any limitations imposed by regulatory agencies on new product uses or the costs of
obtaining regulatory clearance or approvals could have a material adverse effect on our business, financial condition and results of operations.

SIZE="2">We, our subcontractors, and third-party manufacturers are also subject to similar state requirements and licenses. We, our subcontractors, and third-party manufacturers must comply with extensive recordkeeping and reporting requirements and
must make available our manufacturing facilities and records for unannounced and periodic inspections by governmental agencies, including FDA, state authorities and comparable agencies in other countries.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Health care initiatives and other cost-containment pressures could cause us to sell our products at lower prices, resulting in less revenue to us. In the
United States, a significant percentage of the patients who receive our intraocular lenses are covered by the federal Medicare program. Changes in coverage or coding policies or reductions in Medicare reimbursement rates and the implementation of
other price controls could adversely affect our revenues and financial condition. In addition, changes in existing regulatory requirements or adoption of new requirements could hurt our business, financial condition and results of operations.

EXCERPTS ON THIS PAGE:

10-K (3 sections)
Feb 24, 2009
10-K (2 sections)
Mar 3, 2008

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