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LEAP » Topics » Cautionary Statement Regarding Forward-Looking Statements

This excerpt taken from the LEAP 10-Q filed May 11, 2009.
Cautionary Statement Regarding Forward-Looking Statements
 
Except for the historical information contained herein, this report contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements reflect management’s current forecast of certain aspects of our future. You can generally identify forward-looking statements by forward-looking words such as “believe,” “think,” “may,” “could,” “will,” “estimate,” “continue,” “anticipate,” “intend,” “seek,” “plan,” “expect,” “should,” “would” and similar expressions in this report. Such statements are based on currently available operating, financial and competitive information and are subject to various risks, uncertainties and assumptions that could cause actual results to differ materially from those anticipated in or implied by our forward-looking statements. Such risks, uncertainties and assumptions include, among other things:
 
  •  our ability to attract and retain customers in an extremely competitive marketplace;
 
  •  the duration and severity of the current recession in the United States and changes in economic conditions, including interest rates, consumer credit conditions, consumer debt levels, consumer confidence, unemployment rates, energy costs and other macro-economic factors that could adversely affect demand for the services we provide;
 
  •  the impact of competitors’ initiatives;
 
  •  our ability to successfully implement product offerings and execute effectively on our planned coverage expansion, launches of markets we acquired in the Federal Communications Commission’s, or FCC’s, auction for Advanced Wireless Services, or Auction #66, and other strategic activities;
 
  •  our ability to obtain roaming services from other carriers at cost-effective rates;
 
  •  our ability to maintain effective internal control over financial reporting;
 
  •  delays in our market expansion plans, including delays resulting from any difficulties in funding such expansion through our existing cash, cash generated from operations or additional capital, or delays by existing U.S. government and other private sector wireless operations in clearing the Advanced Wireless Services, or AWS, spectrum, some of which users are permitted to continue using the spectrum for several years;
 
  •  our ability to attract, motivate and retain an experienced workforce;
 
  •  our ability to comply with the covenants in our senior secured credit facilities, indentures and any future credit agreement, indenture or similar instrument;
 
  •  failure of our network or information technology systems to perform according to expectations; and
 
  •  other factors detailed in “Part II — Item 1A. Risk Factors” below.
 
All forward-looking statements in this report should be considered in the context of these risk factors. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. In light of these risks and uncertainties, the forward-looking events and circumstances


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discussed in this report may not occur and actual results could differ materially from those anticipated or implied in the forward-looking statements. Accordingly, users of this report are cautioned not to place undue reliance on the forward-looking statements.
 
This excerpt taken from the LEAP DEF 14A filed Apr 10, 2009.
Cautionary Statement Regarding Forward-Looking Statements
 
Except for the historical information contained herein, this appendix contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements reflect management’s current forecast of certain aspects of our future. You can generally identify forward-looking statements by forward-looking words such as “believe,” “think,” “may,” “could,” “will,” “estimate,” “continue,” “anticipate,” “intend,” “seek,” “plan,” “expect,” “should,” “would” and similar expressions in this report. Such statements are based on currently available operating, financial and competitive information and are subject to various risks, uncertainties and assumptions that could cause actual results to differ materially from those anticipated in or implied by our forward-looking statements. Such risks, uncertainties and assumptions include, among other things:
 
  •  our ability to attract and retain customers in an extremely competitive marketplace;
 
  •  the duration and severity of the current recession in the United States and changes in economic conditions, including interest rates, consumer credit conditions, consumer debt levels, consumer confidence, unemployment rates, energy costs and other macro-economic factors that could adversely affect the demand for the services we provide;
 
  •  the impact of competitors’ initiatives;
 
  •  our ability to successfully implement product offerings and execute effectively on our planned coverage expansion, launches of markets we acquired in the FCC’s auction for Advanced Wireless Services, expansion of our Cricket Broadband service and other activities;
 
  •  our ability to obtain roaming services from other carriers at cost-effective rates;
 
  •  our ability to maintain effective internal control over financial reporting;
 
  •  delays in our market expansion plans, including delays resulting from any difficulties in funding such expansion through our existing cash, cash generated from operations or additional capital, or delays by existing U.S. government and other private sector wireless operations in clearing the Advanced Wireless Services spectrum, some of which users are permitted to continue using the spectrum for several years;
 
  •  our ability to attract, motivate and retain an experienced workforce;
 
  •  our ability to comply with the covenants in our senior secured credit facilities, indentures and any future credit agreement, indenture or similar instrument;
 
  •  failure of our network or information technology systems to perform according to expectations; and
 
  •  other factors detailed in “Part I — Item 1A. Risk Factors” in our 2008 Form 10-K.
 
All forward-looking statements in this appendix should be considered in the context of these risk factors. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new information,


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future events or otherwise. In light of these risks and uncertainties, the forward-looking events and circumstances discussed in this appendix may not occur and actual results could differ materially from those anticipated or implied in the forward-looking statements. Accordingly, users of this appendix are cautioned not to place undue reliance on the forward-looking statements.
 
These excerpts taken from the LEAP 10-K filed Feb 27, 2009.
Cautionary Statement Regarding Forward-Looking Statements
 
Except for the historical information contained herein, this report contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements reflect management’s current forecast of certain aspects of our future. You can generally identify forward-looking statements by forward-looking words such as “believe,” “think,” “may,” “could,” “will,” “estimate,” “continue,” “anticipate,” “intend,” “seek,” “plan,” “expect,” “should,” “would” and similar expressions in this report. Such statements are based on currently available operating, financial and competitive information and are subject to various risks, uncertainties and assumptions that could cause actual results to differ materially from those anticipated in or implied by our forward-looking statements. Such risks, uncertainties and assumptions include, among other things:
 
  •  our ability to attract and retain customers in an extremely competitive marketplace;
 
  •  the duration and severity of the current recession in the United States and changes in economic conditions, including interest rates, consumer credit conditions, consumer debt levels, consumer confidence, unemployment rates, energy costs and other macro-economic factors that could adversely affect the demand for the services we provide;
 
  •  the impact of competitors’ initiatives;
 
  •  our ability to successfully implement product offerings and execute effectively on our planned coverage expansion, launches of markets we acquired in the Federal Communications Commission’s, or FCC’s, auction for Advanced Wireless Services, or Auction #66, expansion of our Cricket Broadband service and other activities;
 
  •  our ability to obtain roaming services from other carriers at cost-effective rates;
 
  •  our ability to maintain effective internal control over financial reporting;
 
  •  delays in our market expansion plans, including delays resulting from any difficulties in funding such expansion through our existing cash, cash generated from operations or additional capital, or delays by existing U.S. government and other private sector wireless operations in clearing the Advanced Wireless Services, or AWS, spectrum, some of which users are permitted to continue using the spectrum for several years;
 
  •  our ability to attract, motivate and retain an experienced workforce;
 
  •  our ability to comply with the covenants in our senior secured credit facilities, indentures and any future credit agreement, indenture or similar instrument;
 
  •  failure of our network or information technology systems to perform according to expectations; and
 
  •  other factors detailed in “Part I — Item 1A. Risk Factors” below.
 
All forward-looking statements in this report should be considered in the context of these risk factors. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. In light of these risks and uncertainties, the forward-looking events and circumstances discussed in this report may not occur and actual results could differ materially from those anticipated or implied in the forward-looking statements. Accordingly, users of this report are cautioned not to place undue reliance on the forward-looking statements.


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Table of Contents

Item 1.   Business
 
Cautionary
Statement Regarding Forward-Looking Statements


 



Except for the historical information contained herein, this
report contains “forward-looking statements” within
the meaning of the Private Securities Litigation Reform Act of
1995. Such statements reflect management’s current forecast
of certain aspects of our future. You can generally identify
forward-looking statements by forward-looking words such as
“believe,” “think,” “may,”
“could,” “will,” “estimate,”
“continue,” “anticipate,”
“intend,” “seek,” “plan,”
“expect,” “should,” “would” and
similar expressions in this report. Such statements are based on
currently available operating, financial and competitive
information and are subject to various risks, uncertainties and
assumptions that could cause actual results to differ materially
from those anticipated in or implied by our forward-looking
statements. Such risks, uncertainties and assumptions include,
among other things:


 




















































































































  • 
our ability to attract and retain customers in an extremely
competitive marketplace;
 
  • 
the duration and severity of the current recession in the United
States and changes in economic conditions, including interest
rates, consumer credit conditions, consumer debt levels,
consumer confidence, unemployment rates, energy costs and other
macro-economic factors that could adversely affect the demand
for the services we provide;
 
  • 
the impact of competitors’ initiatives;
 
  • 
our ability to successfully implement product offerings and
execute effectively on our planned coverage expansion, launches
of markets we acquired in the Federal Communications
Commission’s, or FCC’s, auction for Advanced Wireless
Services, or Auction #66, expansion of our Cricket
Broadband service and other activities;
 
  • 
our ability to obtain roaming services from other carriers at
cost-effective rates;
 
  • 
our ability to maintain effective internal control over
financial reporting;
 
  • 
delays in our market expansion plans, including delays resulting
from any difficulties in funding such expansion through our
existing cash, cash generated from operations or additional
capital, or delays by existing U.S. government and other
private sector wireless operations in clearing the Advanced
Wireless Services, or AWS, spectrum, some of which users are
permitted to continue using the spectrum for several years;
 
  • 
our ability to attract, motivate and retain an experienced
workforce;
 
  • 
our ability to comply with the covenants in our senior secured
credit facilities, indentures and any future credit agreement,
indenture or similar instrument;
 
  • 
failure of our network or information technology systems to
perform according to expectations; and
 
  • 
other factors detailed in “Part I —
Item 1A. Risk Factors” below.


 



All forward-looking statements in this report should be
considered in the context of these risk factors. We undertake no
obligation to update or revise any forward-looking statements,
whether as a result of new information, future events or
otherwise. In light of these risks and uncertainties, the
forward-looking events and circumstances discussed in this
report may not occur and actual results could differ materially
from those anticipated or implied in the forward-looking
statements. Accordingly, users of this report are cautioned not
to place undue reliance on the forward-looking statements.





1




Table of Contents


















Item 1.  
Business


 




Cautionary
Statement Regarding Forward-Looking Statements


 



Except for the historical information contained herein, this
report contains “forward-looking statements” within
the meaning of the Private Securities Litigation Reform Act of
1995. Such statements reflect management’s current forecast
of certain aspects of our future. You can generally identify
forward-looking statements by forward-looking words such as
“believe,” “think,” “may,”
“could,” “will,” “estimate,”
“continue,” “anticipate,”
“intend,” “seek,” “plan,”
“expect,” “should,” “would” and
similar expressions in this report. Such statements are based on
currently available operating, financial and competitive
information and are subject to various risks, uncertainties and
assumptions that could cause actual results to differ materially
from those anticipated in or implied by our forward-looking
statements. Such risks, uncertainties and assumptions include,
among other things:


 




















































































































  • 
our ability to attract and retain customers in an extremely
competitive marketplace;
 
  • 
the duration and severity of the current recession in the United
States and changes in economic conditions, including interest
rates, consumer credit conditions, consumer debt levels,
consumer confidence, unemployment rates, energy costs and other
macro-economic factors that could adversely affect the demand
for the services we provide;
 
  • 
the impact of competitors’ initiatives;
 
  • 
our ability to successfully implement product offerings and
execute effectively on our planned coverage expansion, launches
of markets we acquired in the Federal Communications
Commission’s, or FCC’s, auction for Advanced Wireless
Services, or Auction #66, expansion of our Cricket
Broadband service and other activities;
 
  • 
our ability to obtain roaming services from other carriers at
cost-effective rates;
 
  • 
our ability to maintain effective internal control over
financial reporting;
 
  • 
delays in our market expansion plans, including delays resulting
from any difficulties in funding such expansion through our
existing cash, cash generated from operations or additional
capital, or delays by existing U.S. government and other
private sector wireless operations in clearing the Advanced
Wireless Services, or AWS, spectrum, some of which users are
permitted to continue using the spectrum for several years;
 
  • 
our ability to attract, motivate and retain an experienced
workforce;
 
  • 
our ability to comply with the covenants in our senior secured
credit facilities, indentures and any future credit agreement,
indenture or similar instrument;
 
  • 
failure of our network or information technology systems to
perform according to expectations; and
 
  • 
other factors detailed in “Part I —
Item 1A. Risk Factors” below.


 



All forward-looking statements in this report should be
considered in the context of these risk factors. We undertake no
obligation to update or revise any forward-looking statements,
whether as a result of new information, future events or
otherwise. In light of these risks and uncertainties, the
forward-looking events and circumstances discussed in this
report may not occur and actual results could differ materially
from those anticipated or implied in the forward-looking
statements. Accordingly, users of this report are cautioned not
to place undue reliance on the forward-looking statements.





1




Table of Contents


















Item 1.  
Business


 




Cautionary
Statement Regarding Forward-Looking Statements


 



Except for the historical information contained herein, this
report contains “forward-looking statements” within
the meaning of the Private Securities Litigation Reform Act of
1995. Such statements reflect management’s current forecast
of certain aspects of our future. You can generally identify
forward-looking statements by forward-looking words such as
“believe,” “think,” “may,”
“could,” “will,” “estimate,”
“continue,” “anticipate,”
“intend,” “seek,” “plan,”
“expect,” “should,” “would” and
similar expressions in this report. Such statements are based on
currently available operating, financial and competitive
information and are subject to various risks, uncertainties and
assumptions that could cause actual results to differ materially
from those anticipated in or implied by our forward-looking
statements. Such risks, uncertainties and assumptions include,
among other things:


 




















































































































  • 
our ability to attract and retain customers in an extremely
competitive marketplace;
 
  • 
the duration and severity of the current recession in the United
States and changes in economic conditions, including interest
rates, consumer credit conditions, consumer debt levels,
consumer confidence, unemployment rates, energy costs and other
macro-economic factors that could adversely affect the demand
for the services we provide;
 
  • 
the impact of competitors’ initiatives;
 
  • 
our ability to successfully implement product offerings and
execute effectively on our planned coverage expansion, launches
of markets we acquired in the Federal Communications
Commission’s, or FCC’s, auction for Advanced Wireless
Services, or Auction #66, expansion of our Cricket
Broadband service and other activities;
 
  • 
our ability to obtain roaming services from other carriers at
cost-effective rates;
 
  • 
our ability to maintain effective internal control over
financial reporting;
 
  • 
delays in our market expansion plans, including delays resulting
from any difficulties in funding such expansion through our
existing cash, cash generated from operations or additional
capital, or delays by existing U.S. government and other
private sector wireless operations in clearing the Advanced
Wireless Services, or AWS, spectrum, some of which users are
permitted to continue using the spectrum for several years;
 
  • 
our ability to attract, motivate and retain an experienced
workforce;
 
  • 
our ability to comply with the covenants in our senior secured
credit facilities, indentures and any future credit agreement,
indenture or similar instrument;
 
  • 
failure of our network or information technology systems to
perform according to expectations; and
 
  • 
other factors detailed in “Part I —
Item 1A. Risk Factors” below.


 



All forward-looking statements in this report should be
considered in the context of these risk factors. We undertake no
obligation to update or revise any forward-looking statements,
whether as a result of new information, future events or
otherwise. In light of these risks and uncertainties, the
forward-looking events and circumstances discussed in this
report may not occur and actual results could differ materially
from those anticipated or implied in the forward-looking
statements. Accordingly, users of this report are cautioned not
to place undue reliance on the forward-looking statements.





1




Table of Contents


















Item 1.  
Business


 




Cautionary
Statement Regarding Forward-Looking Statements


 



Except for the historical information contained herein, this
report contains “forward-looking statements” within
the meaning of the Private Securities Litigation Reform Act of
1995. Such statements reflect management’s current forecast
of certain aspects of our future. You can generally identify
forward-looking statements by forward-looking words such as
“believe,” “think,” “may,”
“could,” “will,” “estimate,”
“continue,” “anticipate,”
“intend,” “seek,” “plan,”
“expect,” “should,” “would” and
similar expressions in this report. Such statements are based on
currently available operating, financial and competitive
information and are subject to various risks, uncertainties and
assumptions that could cause actual results to differ materially
from those anticipated in or implied by our forward-looking
statements. Such risks, uncertainties and assumptions include,
among other things:


 




















































































































  • 
our ability to attract and retain customers in an extremely
competitive marketplace;
 
  • 
the duration and severity of the current recession in the United
States and changes in economic conditions, including interest
rates, consumer credit conditions, consumer debt levels,
consumer confidence, unemployment rates, energy costs and other
macro-economic factors that could adversely affect the demand
for the services we provide;
 
  • 
the impact of competitors’ initiatives;
 
  • 
our ability to successfully implement product offerings and
execute effectively on our planned coverage expansion, launches
of markets we acquired in the Federal Communications
Commission’s, or FCC’s, auction for Advanced Wireless
Services, or Auction #66, expansion of our Cricket
Broadband service and other activities;
 
  • 
our ability to obtain roaming services from other carriers at
cost-effective rates;
 
  • 
our ability to maintain effective internal control over
financial reporting;
 
  • 
delays in our market expansion plans, including delays resulting
from any difficulties in funding such expansion through our
existing cash, cash generated from operations or additional
capital, or delays by existing U.S. government and other
private sector wireless operations in clearing the Advanced
Wireless Services, or AWS, spectrum, some of which users are
permitted to continue using the spectrum for several years;
 
  • 
our ability to attract, motivate and retain an experienced
workforce;
 
  • 
our ability to comply with the covenants in our senior secured
credit facilities, indentures and any future credit agreement,
indenture or similar instrument;
 
  • 
failure of our network or information technology systems to
perform according to expectations; and
 
  • 
other factors detailed in “Part I —
Item 1A. Risk Factors” below.


 



All forward-looking statements in this report should be
considered in the context of these risk factors. We undertake no
obligation to update or revise any forward-looking statements,
whether as a result of new information, future events or
otherwise. In light of these risks and uncertainties, the
forward-looking events and circumstances discussed in this
report may not occur and actual results could differ materially
from those anticipated or implied in the forward-looking
statements. Accordingly, users of this report are cautioned not
to place undue reliance on the forward-looking statements.





1




Table of Contents


















Item 1.  
Business


 




This excerpt taken from the LEAP 10-Q filed Nov 7, 2008.

Cautionary Statement Regarding Forward-Looking Statements

Except for the historical information contained herein, this report contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements reflect management’s current forecast of certain aspects of our future. You can identify most forward-looking statements by forward-looking words such as “believe,” “think,” “may,” “could,” “will,” “estimate,” “continue,” “anticipate,” “intend,” “seek,” “plan,” “expect,” “should,” “would” and similar expressions in this report. Such statements are based on currently available operating, financial and competitive information and are subject to various risks, uncertainties and assumptions that could cause actual results to differ materially from those anticipated in or implied by our forward-looking statements. Such risks, uncertainties and assumptions include, among other things:

 

  •  

our ability to attract and retain customers in an extremely competitive marketplace;

 

  •  

changes in economic conditions, including interest rates, consumer credit conditions, consumer debt levels, unemployment rates, energy costs and other macro-economic factors that could adversely affect the demand for the services we provide;

 

  •  

the impact of competitors’ initiatives;

 

  •  

our ability to successfully implement product offerings and execute effectively on our planned coverage expansion, launches of markets we acquired in the Federal Communications Commission’s, or FCC’s, auction for Advanced Wireless Services, or Auction #66, expansion of our mobile broadband product offering and other activities;

 

  •  

our ability to obtain roaming services from other carriers at cost-effective rates;

 

  •  

our ability to maintain effective internal control over financial reporting;

 

  •  

delays in our market expansion plans, including delays resulting from any difficulties in funding such expansion through our existing cash, cash generated from operations or additional capital, or delays by existing U.S. government and other private sector wireless operations in clearing the Advanced Wireless Services, or AWS, spectrum, some of which users are permitted to continue using the spectrum for several years;

 

  •  

our ability to attract, motivate and retain an experienced workforce;

 

  •  

our ability to comply with the covenants in our senior secured credit facilities, indentures and any future credit agreement, indenture or similar instrument;

 

  •  

failure of our network or information technology systems to perform according to expectations; and

 

  •  

other factors detailed in “Part II — Item 1A. Risk Factors” below.

All forward-looking statements in this report should be considered in the context of these risk factors. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new

 

37

Table of Contents

information, future events or otherwise. In light of these risks and uncertainties, the forward-looking events and circumstances discussed in this report may not occur and actual results could differ materially from those anticipated or implied in the forward-looking statements. Accordingly, users of this report are cautioned not to place undue reliance on the forward-looking statements.

This excerpt taken from the LEAP 10-Q filed Aug 7, 2008.
Cautionary Statement Regarding Forward-Looking Statements
 
Except for the historical information contained herein, this report contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements reflect management’s current forecast of certain aspects of our future. You can identify most forward-looking statements by forward-looking words such as “believe,” “think,” “may,” “could,” “will,” “estimate,” “continue,” “anticipate,” “intend,” “seek,” “plan,” “expect,” “should,” “would” and similar expressions in this report. Such statements are based on currently available operating, financial and competitive information and are subject to various risks, uncertainties and assumptions that could cause actual results to differ materially from those anticipated in or implied by our forward-looking statements. Such risks, uncertainties and assumptions include, among other things:
 
  •  our ability to attract and retain customers in an extremely competitive marketplace;
 
  •  changes in economic conditions, including interest rates, consumer credit conditions, unemployment and other macro-economic factors that could adversely affect the demand for the services we provide;
 
  •  the impact of competitors’ initiatives;
 
  •  our ability to successfully implement product offerings and execute effectively on our planned coverage expansion, launches of markets we acquired in the Federal Communications Commission’s, or FCC’s, auction for Advanced Wireless Services, or Auction #66, expansion of our mobile broadband product offering and other strategic activities;
 
  •  our ability to obtain roaming services from other carriers at cost-effective rates;
 
  •  our ability to maintain effective internal control over financial reporting;
 
  •  delays in our market expansion plans, including delays resulting from any difficulties in funding such expansion through our existing cash, cash generated from operations or additional capital, or delays by existing U.S. government and other private sector wireless operations in clearing the Advanced Wireless Services, or AWS, spectrum, some of which users are permitted to continue using the spectrum for several years;
 
  •  our ability to attract, motivate and retain an experienced workforce;
 
  •  our ability to comply with the covenants in our senior secured credit facilities, indentures and any future credit agreement, indenture or similar instrument;
 
  •  failure of our network or information technology systems to perform according to expectations; and
 
  •  other factors detailed in “Part II — Item 1A. Risk Factors” below.
 
All forward-looking statements in this report should be considered in the context of these risk factors. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. In light of these risks and uncertainties, the forward-looking events and circumstances discussed in this report may not occur and actual results could differ materially from those anticipated or implied in


35

Table of Contents

the forward-looking statements. Accordingly, users of this report are cautioned not to place undue reliance on the forward-looking statements.
 
This excerpt taken from the LEAP 10-Q filed May 12, 2008.
Cautionary Statement Regarding Forward-Looking Statements
 
Except for the historical information contained herein, this report contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements reflect management’s current forecast of certain aspects of our future. You can identify most forward-looking statements by forward-looking words such as “believe,” “think,” “may,” “could,” “will,” “estimate,” “continue,” “anticipate,” “intend,” “seek,” “plan,” “expect,” “should,” “would” and similar expressions in this report. Such statements are based on currently available operating, financial and competitive information and are subject to various risks, uncertainties and assumptions that could cause actual results to differ materially from those anticipated in or implied by our forward-looking statements. Such risks, uncertainties and assumptions include, among other things:
 
  •  our ability to attract and retain customers in an extremely competitive marketplace;
 
  •  changes in economic conditions, including interest rates, consumer credit conditions, unemployment and other macro-economic factors that could adversely affect the demand for the services we provide;
 
  •  the impact of competitors’ initiatives;
 
  •  our ability to successfully implement product offerings and execute effectively on our planned coverage expansion, launches of markets we acquired in the Federal Communications Commission’s, or FCC’s, auction for Advanced Wireless Services, or Auction #66, expansion of our mobile broadband product offering and other strategic activities;
 
  •  our ability to obtain roaming services from other carriers at cost-effective rates;
 
  •  our ability to maintain effective internal control over financial reporting;
 
  •  delays in our market expansion plans, including delays resulting from any difficulties in funding such expansion through our existing cash, cash generated from operations or additional capital, or delays by existing U.S. government and other private sector wireless operations in clearing the Advanced Wireless Services, or AWS, spectrum, some of which users are permitted to continue using the spectrum for several years;
 
  •  our ability to attract, motivate and retain an experienced workforce;
 
  •  our ability to comply with the covenants in our senior secured credit facilities, indenture and any future credit agreement, indenture or similar instrument;
 
  •  failure of our network or information technology systems to perform according to expectations; and
 
  •  other factors detailed in “Part II — Item 1A. Risk Factors” below.
 
All forward-looking statements in this report should be considered in the context of these risk factors. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. In light of these risks and uncertainties, the forward-looking events and circumstances discussed in this report may not occur and actual results could differ materially from those anticipated or implied in


29

Table of Contents

the forward-looking statements. Accordingly, users of this report are cautioned not to place undue reliance on the forward-looking statements.
 
These excerpts taken from the LEAP 10-K filed Feb 29, 2008.
Cautionary Statement Regarding Forward-Looking Statements
 
Except for the historical information contained herein, this report contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements reflect management’s current forecast of certain aspects of our future. You can identify most forward-looking statements by forward-looking words such as “believe,” “think,” “may,” “could,” “will,” “estimate,” “continue,” “anticipate,” “intend,” “seek,” “plan,” “expect,” “should,” “would” and similar expressions in this report. Such statements are based on currently available operating, financial and competitive information and are subject to various risks, uncertainties and assumptions that could cause actual results to differ materially from those anticipated or implied in our forward-looking statements. Such risks, uncertainties and assumptions include, among other things:
 
  •  our ability to attract and retain customers in an extremely competitive marketplace;
 
  •  changes in economic conditions, including interest rates, consumer credit conditions, unemployment and other macro-economic factors that could adversely affect the demand for the services we provide;
 
  •  the impact of competitors’ initiatives;
 
  •  our ability to successfully implement product offerings and execute effectively on our planned coverage expansion, launches of markets we acquired in the Federal Communications Commission’s, or FCC’s, auction for Advanced Wireless Services, or Auction #66, market trials and introductions of higher-speed data services and other strategic activities;
 
  •  our ability to obtain roaming services from other carriers at cost-effective rates;
 
  •  delays in our market expansion plans, including delays resulting from any difficulties in funding such expansion through our existing cash, cash generated from operations or additional capital, delays in the availability of handsets for the Advanced Wireless Services, or AWS, spectrum we acquired in Auction #66, or delays by existing U.S. government and other private sector wireless operations in clearing the AWS spectrum, some of which users are permitted to continue using the spectrum for several years;
 
  •  our ability to attract, motivate and retain an experienced workforce;
 
  •  our ability to comply with the covenants in our senior secured credit facilities, indenture and any future credit agreement, indenture or similar instrument;
 
  •  failure of our network or information technology systems to perform according to expectations; and
 
  •  other factors detailed in “Item 1A. Risk Factors” below.
 
All forward-looking statements in this report should be considered in the context of these risk factors. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. In light of these risks and uncertainties, the forward-looking events and circumstances discussed in this report may not occur and actual results could differ materially from those anticipated or implied in the forward-looking statements. Accordingly, users of this report are cautioned not to place undue reliance on the forward-looking statements.


1

Table of Contents

Item 1.   Business
 
Cautionary
Statement Regarding Forward-Looking Statements


 



Except for the historical information contained herein, this
report contains “forward-looking statements” within
the meaning of the Private Securities Litigation Reform Act of
1995. Such statements reflect management’s current forecast
of certain aspects of our future. You can identify most
forward-looking statements by forward-looking words such as
“believe,” “think,” “may,”
“could,” “will,” “estimate,”
“continue,” “anticipate,”
“intend,” “seek,” “plan,”
“expect,” “should,” “would” and
similar expressions in this report. Such statements are based on
currently available operating, financial and competitive
information and are subject to various risks, uncertainties and
assumptions that could cause actual results to differ materially
from those anticipated or implied in our forward-looking
statements. Such risks, uncertainties and assumptions include,
among other things:


 










































































































  • 
our ability to attract and retain customers in an extremely
competitive marketplace;
 
  • 
changes in economic conditions, including interest rates,
consumer credit conditions, unemployment and other
macro-economic factors that could adversely affect the demand
for the services we provide;
 
  • 
the impact of competitors’ initiatives;
 
  • 
our ability to successfully implement product offerings and
execute effectively on our planned coverage expansion, launches
of markets we acquired in the Federal Communications
Commission’s, or FCC’s, auction for Advanced Wireless
Services, or Auction #66, market trials and introductions
of higher-speed data services and other strategic activities;
 
  • 
our ability to obtain roaming services from other carriers at
cost-effective rates;
 
  • 
delays in our market expansion plans, including delays resulting
from any difficulties in funding such expansion through our
existing cash, cash generated from operations or additional
capital, delays in the availability of handsets for the Advanced
Wireless Services, or AWS, spectrum we acquired in
Auction #66, or delays by existing U.S. government and
other private sector wireless operations in clearing the AWS
spectrum, some of which users are permitted to continue using
the spectrum for several years;
 
  • 
our ability to attract, motivate and retain an experienced
workforce;
 
  • 
our ability to comply with the covenants in our senior secured
credit facilities, indenture and any future credit agreement,
indenture or similar instrument;
 
  • 
failure of our network or information technology systems to
perform according to expectations; and
 
  • 
other factors detailed in “Item 1A. Risk Factors”
below.


 



All forward-looking statements in this report should be
considered in the context of these risk factors. We undertake no
obligation to update or revise any forward-looking statements,
whether as a result of new information, future events or
otherwise. In light of these risks and uncertainties, the
forward-looking events and circumstances discussed in this
report may not occur and actual results could differ materially
from those anticipated or implied in the forward-looking
statements. Accordingly, users of this report are cautioned not
to place undue reliance on the forward-looking statements.





1




Table of Contents


















Item 1.  
Business


 




EXCERPTS ON THIS PAGE:

10-Q
May 11, 2009
DEF 14A
Apr 10, 2009
10-K (5 sections)
Feb 27, 2009
10-Q
Nov 7, 2008
10-Q
Aug 7, 2008
10-Q
May 12, 2008
10-K (2 sections)
Feb 29, 2008

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