AMZN » Topics » We Have Outstanding Debt and May Incur Additional Debt in the Future

These excerpts taken from the AMZN 10-K filed Jan 30, 2009.

We Have Outstanding Debt and May Incur Additional Debt in the Future

We have outstanding debt and may incur substantial additional debt in the future. As a result, a significant portion of our future cash flow from operating activities may be dedicated to the payment of interest and the repayment of principal on such indebtedness, with no guarantee that we will be able to meet our debt service obligations. If we are unable to generate sufficient cash flow or obtain funds for required payments, or if we fail to comply with our debt covenants, we will be in default. We may not be able to refinance our debt on terms acceptable to us, or at all, and there can be no assurance that additional lines-of-credit or financing instruments will be available in amounts or on terms acceptable to us, if at all. A lack or high cost of credit could limit our ability to obtain additional financing for working capital, capital expenditures, debt service requirements, acquisitions or other purposes in the future, as needed; to plan for, or react to, changes in technology and in our business and competition; and to react in the event of an economic downturn.

We Have Outstanding Debt and May Incur Additional Debt in the Future

We have outstanding debt and may incur substantial additional debt in the future. As a result, a significant portion of our future
cash flow from operating activities may be dedicated to the payment of interest and the repayment of principal on such indebtedness, with no guarantee that we will be able to meet our debt service obligations. If we are unable to generate sufficient
cash flow or obtain funds for required payments, or if we fail to comply with our debt covenants, we will be in default. We may not be able to refinance our debt on terms acceptable to us, or at all, and there can be no assurance that additional
lines-of-credit or financing instruments will be available in amounts or on terms acceptable to us, if at all. A lack or high cost of credit could limit our ability to obtain additional financing for working capital, capital expenditures, debt
service requirements, acquisitions or other purposes in the future, as needed; to plan for, or react to, changes in technology and in our business and competition; and to react in the event of an economic downturn.

STYLE="margin-top:18px;margin-bottom:0px; margin-left:2%">We Face Significant Inventory Risk

SIZE="2">In addition to risks described elsewhere in this Item 1A relating to fulfillment center and inventory optimization by us and third parties, we are exposed to significant inventory risks that may adversely affect our operating results
as a result of seasonality, new product launches, rapid changes in product cycles, changes in consumer demand and consumer spending patterns, changes in consumer tastes with respect to our products and other factors. We endeavor to accurately
predict these trends and avoid overstocking or understocking products we manufacture and/or sell. Demand for products, however, can change significantly between the time inventory or components are ordered and the date of sale. In addition, when we
begin selling or manufacturing a new product, it may be difficult to establish vendor relationships, determine appropriate product or component selection, and accurately forecast demand. The acquisition of certain types of inventory or components
may require significant lead-time and prepayment and they may not be returnable. We carry a broad selection and significant inventory levels of certain products, such as consumer electronics, and we may be unable to sell products in sufficient
quantities or during the relevant selling seasons. Any one of the inventory risk factors set forth above may adversely affect our operating results.

FACE="Times New Roman" SIZE="2">We May Not Be Able to Adequately Protect Our Intellectual Property Rights or May Be Accused of Infringing Intellectual Property Rights of Third Parties

STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%">We regard our trademarks, service marks, copyrights, patents, trade dress, trade secrets, proprietary technology, and similar intellectual property as
critical to our success, and we rely on trademark, copyright, and patent law, trade secret protection, and confidentiality and/or license agreements with our employees, customers,

 


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and others to protect our proprietary rights. Effective intellectual property protection may not be available in every country in which our products and
services are made available. We also may not be able to acquire or maintain appropriate domain names in all countries in which we do business. Furthermore, regulations governing domain names may not protect our trademarks and similar proprietary
rights. We may be unable to prevent third parties from acquiring domain names that are similar to, infringe upon, or diminish the value of our trademarks and other proprietary rights.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">We may not be able to discover or determine the extent of any unauthorized use of our proprietary rights. Third parties that license our proprietary
rights also may take actions that diminish the value of our proprietary rights or reputation. The protection of our intellectual property may require the expenditure of significant financial and managerial resources. Moreover, the steps we take to
protect our intellectual property may not adequately protect our rights or prevent third parties from infringing or misappropriating our proprietary rights. We also cannot be certain that others will not independently develop or otherwise acquire
equivalent or superior technology or other intellectual property rights.

Other parties also may claim that we infringe their proprietary
rights. We have been subject to, and expect to continue to be subject to, claims and legal proceedings regarding alleged infringement by us of the intellectual property rights of third parties. Such claims, whether or not meritorious, may result in
the expenditure of significant financial and managerial resources, injunctions against us or the payment of damages. We may need to obtain licenses from third parties who allege that we have infringed their rights, but such licenses may not be
available on terms acceptable to us or at all. In addition, we may not be able to obtain or utilize on terms that are favorable to us, or at all, licenses or other rights with respect to intellectual property we do not own in providing e-commerce
services to other businesses and individuals under commercial agreements. These risks have been amplified by the increase in third parties whose sole or primary business is to assert such claims.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Our digital content offerings depend in part on effective digital rights management technology to control access to digital content. If the digital
rights management technology that we use is compromised or otherwise malfunctions, we could be subject to claims, and content providers may be unwilling to include their content in our service.

STYLE="margin-top:18px;margin-bottom:0px; margin-left:2%">We Have a Rapidly Evolving Business Model and Our Stock Price Is Highly Volatile

STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%">We have a rapidly evolving business model. The trading price of our common stock fluctuates significantly in response to, among other risks, the risks
described elsewhere in this Item 1A, as well as:

 







  

changes in interest rates;

 







  

conditions or trends in the Internet and the e-commerce industry;

 








  

quarterly variations in operating results;

 







  

fluctuations in the stock market in general and market prices for Internet-related companies in particular;

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







  

changes in financial estimates by us or securities analysts and recommendations by securities analysts;

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







  

changes in our capital structure, including issuance of additional debt or equity to the public;

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







  

changes in the valuation methodology of, or performance by, other e-commerce companies; and

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







  

transactions in our common stock by major investors and certain analyst reports, news, and speculation.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Volatility in our stock price could adversely affect our business and financing opportunities and force us to increase our cash compensation to employees
or grant larger stock awards than we have historically, which could hurt our operating results or reduce the percentage ownership of our existing stockholders, or both.

 


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This excerpt taken from the AMZN 10-Q filed Oct 22, 2008.

We Have Outstanding Debt and May Incur Additional Debt in the Future

We have outstanding debt and may incur substantial additional debt in the future. As a result, a significant portion of our future cash flow from operating activities may be dedicated to the payment of interest and the repayment of principal on such indebtedness, with no guarantee that we will be able to meet our debt service obligations. If we are unable to generate sufficient cash flow or obtain funds for required payments, or if we fail to comply with our debt covenants, we will be in default. We may not be able to refinance our debt on terms acceptable to us, or at all, and there can be no assurance that additional lines-of-credit or financing instruments will be available in amounts or on terms acceptable to us, if at all. A lack or high cost of credit could limit our ability to obtain additional financing for working capital, capital expenditures, debt service requirements, acquisitions or other purposes in the future, as needed; to plan for, or react to, changes in technology and in our business and competition; and to react in the event of an economic downturn.

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