PACR » Topics » Special Note Regarding Forward-looking Statements

These excerpts taken from the PACR 10-K filed Feb 17, 2009.

Special Note Regarding Forward-looking Statements

 

This Annual Report on Form 10-K contains forward looking statements, within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, that reflect our current estimates, expectations and projections about our future results, performance, prospects and opportunities. Forward-looking statements include, among other things, the information concerning our possible future consolidated results of operations, business and growth strategies, financing plans, our competitive position and the effects of competition, the projected growth of the industries in which we operate, and the benefits and synergies to be obtained from any future acquisitions. Forward-looking statements include all statements that are not historical facts and can be identified by forward-looking words such as “anticipate”, “believe”, “could”, “estimate”, “expect”, “intend”, “plan”, “may”, “should”, “will”, “would”, “project” and similar expressions. These forward-looking statements are based on information currently available to us and are subject to a number of risks, uncertainties and other factors that could cause our actual results, performance, prospects or opportunities to differ materially from those expressed in, or implied by, these forward-looking statements. Important factors that could cause our actual results to differ materially from the results referred to in the forward-looking statements we make in this Annual Report on Form 10-K are discussed under “Item 1A. Risk Factors” and elsewhere in this Annual Report on Form 10-K and include:

 

  ·  

general economic and business conditions, including the length and severity of the current economic recession;

 

  ·  

industry trends, including changes in the costs of services from rail and motor transportation providers;

 

  ·  

difficulties in maintaining or enhancing our information technology systems including potential delays and cost overruns in the implementation of an enterprise suite of software applications that we purchased in the fourth quarter of 2007;

 

  ·  

the loss of one or more of our major customers;

 

  ·  

the effect of the current economic recession and credit market disruption on our customers, including reduced transportation needs and an inability to pay us on time or at all;

 

  ·  

the impact of competitive pressures in the marketplace;

 

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  ·  

the frequency and severity of accidents, particularly involving our trucking operations;

 

  ·  

the terms of new or replacement contracts with our major underlying rail carriers that are less favorable to us relative to our current contracts as these expire (including Union Pacific, expiring in 2011, and CSX Intermodal, expiring in 2014);

 

  ·  

the possibility of future goodwill impairment charges;

 

  ·  

changes in, or the failure to comply with, government regulations;

 

  ·  

changes in our business strategy, development plans or cost savings plans;

 

  ·  

congestion, work stoppages, equipment and capacity shortages, weather related issues and service disruptions affecting our rail and motor transportation providers;

 

  ·  

the degree and timing of changes in fuel prices, including changes in the fuel costs and surcharges that we pay to our vendors and those that we are able to collect from our customers;

 

  ·  

changes in international and domestic shipping patterns;

 

  ·  

availability of qualified personnel;

 

  ·  

increases in interest rates;

 

  ·  

increases in our leverage;

 

  ·  

our ability to integrate acquired businesses; and

 

  ·  

terrorism and acts of war.

 

Our actual consolidated results of operations and the execution of our business strategy could differ materially from those expressed in, or implied by, the forward-looking statements contained in this Annual Report on Form 10-K. In addition, past financial or operating performance is not necessarily a reliable indicator of future performance and you should not use our historical performance to anticipate future results or future period trends. We can give no assurances that any of the events anticipated or implied by the forward-looking statements will occur or, if any of them do, what impact they will have on our consolidated results of operations, financial condition or cash flows. In evaluating our forward-looking statements, you should specifically consider the risks and uncertainties discussed under “Item 1A. Risk Factors” in this Annual Report on Form 10-K. Except as otherwise required by federal securities laws, we undertake no obligation to publicly revise our forward-looking statements to reflect events or circumstances that arise after the date of this Annual Report on Form 10-K. All forward-looking statements attributable to us or persons acting on our behalf are expressly qualified in their entirety by the cautionary statements included in this Annual Report on Form 10-K.

 

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Special Note Regarding Forward-looking Statements

SIZE="1"> 

This Annual Report on Form 10-K contains forward looking statements, within the meaning of Section 27A of the
Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, that reflect our current estimates, expectations and projections about our future results, performance, prospects and opportunities.
Forward-looking statements include, among other things, the information concerning our possible future consolidated results of operations, business and growth strategies, financing plans, our competitive position and the effects of competition, the
projected growth of the industries in which we operate, and the benefits and synergies to be obtained from any future acquisitions. Forward-looking statements include all statements that are not historical facts and can be identified by
forward-looking words such as “anticipate”, “believe”, “could”, “estimate”, “expect”, “intend”, “plan”, “may”, “should”, “will”, “would”,
“project” and similar expressions. These forward-looking statements are based on information currently available to us and are subject to a number of risks, uncertainties and other factors that could cause our actual results, performance,
prospects or opportunities to differ materially from those expressed in, or implied by, these forward-looking statements. Important factors that could cause our actual results to differ materially from the results referred to in the forward-looking
statements we make in this Annual Report on Form 10-K are discussed under “Item 1A. Risk Factors” and elsewhere in this Annual Report on Form 10-K and include:

 







 · 

general economic and business conditions, including the length and severity of the current economic recession;

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







 · 

industry trends, including changes in the costs of services from rail and motor transportation providers;

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







 · 

difficulties in maintaining or enhancing our information technology systems including potential delays and cost overruns in the implementation of an enterprise
suite of software applications that we purchased in the fourth quarter of 2007;

 







 · 

the loss of one or more of our major customers;

 







 · 

the effect of the current economic recession and credit market disruption on our customers, including reduced transportation needs and an inability to pay us on
time or at all;

 







 · 

the impact of competitive pressures in the marketplace;

 


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 · 

the frequency and severity of accidents, particularly involving our trucking operations;

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







 · 

the terms of new or replacement contracts with our major underlying rail carriers that are less favorable to us relative to our current contracts as these expire
(including Union Pacific, expiring in 2011, and CSX Intermodal, expiring in 2014);

 







 · 

the possibility of future goodwill impairment charges;

 







 · 

changes in, or the failure to comply with, government regulations;

 







 · 

changes in our business strategy, development plans or cost savings plans;

SIZE="1"> 







 · 

congestion, work stoppages, equipment and capacity shortages, weather related issues and service disruptions affecting our rail and motor transportation providers;

 







 · 

the degree and timing of changes in fuel prices, including changes in the fuel costs and surcharges that we pay to our vendors and those that we are able to collect
from our customers;

 







 · 

changes in international and domestic shipping patterns;

 







 · 

availability of qualified personnel;

 







 · 

increases in interest rates;

 







 · 

increases in our leverage;

 







 · 

our ability to integrate acquired businesses; and

 







 · 

terrorism and acts of war.

 

STYLE="margin-top:0px;margin-bottom:0px; text-indent:7%">Our actual consolidated results of operations and the execution of our business strategy could differ materially from those expressed in, or implied by,
the forward-looking statements contained in this Annual Report on Form 10-K. In addition, past financial or operating performance is not necessarily a reliable indicator of future performance and you should not use our historical performance to
anticipate future results or future period trends. We can give no assurances that any of the events anticipated or implied by the forward-looking statements will occur or, if any of them do, what impact they will have on our consolidated results of
operations, financial condition or cash flows. In evaluating our forward-looking statements, you should specifically consider the risks and uncertainties discussed under “Item 1A. Risk Factors” in this Annual Report on Form 10-K. Except as
otherwise required by federal securities laws, we undertake no obligation to publicly revise our forward-looking statements to reflect events or circumstances that arise after the date of this Annual Report on Form 10-K. All forward-looking
statements attributable to us or persons acting on our behalf are expressly qualified in their entirety by the cautionary statements included in this Annual Report on Form 10-K.

SIZE="1"> 


4







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This excerpt taken from the PACR 10-K filed Feb 19, 2008.

Special Note Regarding Forward-looking Statements

 

This Annual Report on Form 10-K contains forward looking statements, within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, that reflect our current estimates, expectations and projections about our future results, performance, prospects and opportunities. Forward-looking statements include, among other things, the information concerning our possible future consolidated results of operations, business and growth strategies, financing plans, our competitive position and the effects of competition, the projected growth of the industries in which we operate, and the benefits and synergies to be obtained from any future acquisitions. Forward-looking statements include all statements that are not historical facts and can be identified by forward-looking words such as “anticipate”, “believe”, “could”, “estimate”, “expect”, “intend”, “plan”, “may”, “should”, “will”, “would”, “project” and similar expressions. These forward-looking statements are based on information currently available to us and are subject to a number of risks, uncertainties and other factors that could cause our actual results, performance, prospects or opportunities to differ materially from those expressed in, or implied by, these forward-looking statements. Important factors that could cause our actual results to differ materially from the results referred to in the forward-looking statements we make in this Annual Report on Form 10-K are discussed under “Item 1A. Risk Factors” and elsewhere in this Annual Report on Form 10-K and include:

 

  ·  

general economic and business conditions;

 

  ·  

changes in our business strategy, development plans or cost savings plans;

 

  ·  

industry trends, including changes in the costs of services from rail and motor transportation providers;

 

  ·  

the loss of one or more of our major customers;

 

  ·  

the impact of competitive pressures in the marketplace;

 

  ·  

the frequency and severity of accidents, particularly involving our trucking operations;

 

  ·  

difficulties in maintaining or enhancing our information technology systems including potential delays and cost overruns in the implementation of an enterprise suite of software applications that we purchased in the fourth quarter of 2007;

 

  ·  

availability of qualified personnel;

 

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  ·  

congestion, work stoppages, equipment and capacity shortages, weather related issues and service disruptions affecting our rail and motor transportation providers;

 

  ·  

the possibility of future goodwill impairment charges;

 

  ·  

changes in, or the failure to comply with, government regulations;

 

  ·  

increases in interest rates;

 

  ·  

increases in our leverage;

 

  ·  

our ability to integrate acquired businesses; and

 

  ·  

terrorism and acts of war.

 

Our actual consolidated results of operations and the execution of our business strategy could differ materially from those expressed in, or implied by, the forward-looking statements. In addition, past financial or operating performance is not necessarily a reliable indicator of future performance and you should not use our historical performance to anticipate future results or future period trends. We can give no assurances that any of the events anticipated by the forward-looking statements will occur or, if any of them do, what impact they will have on our consolidated results of operations, financial condition or cash flows. In evaluating our forward-looking statements, you should specifically consider the risks and uncertainties discussed under “Item 1A. Risk Factors” in this Annual Report on Form 10-K. Except as otherwise required by federal securities laws, we undertake no obligation to publicly revise our forward-looking statements to reflect events or circumstances that arise after the date of this Annual Report on Form 10-K. All forward-looking statements attributable to us or persons acting on our behalf are expressly qualified in their entirety by the cautionary statements included in this Annual Report on Form 10-K.

 

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This excerpt taken from the PACR 10-K filed Feb 21, 2007.

Special Note Regarding Forward-looking Statements

 

This Annual Report on Form 10-K contains forward looking statements, within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, that reflect our current estimates, expectations and projections about our future results, performance, prospects and opportunities. Forward-looking statements include, among other things, the information concerning our possible future consolidated results of operations, business and growth strategies, financing plans, our competitive position and the effects of competition, the projected growth of the industries in which we operate, and the benefits and synergies to be obtained from any future acquisitions. Forward-looking statements include all statements that are not historical facts and can be identified by forward-looking words such as “anticipate”, “believe”, “could”, “estimate”, “expect”, “intend”, “plan”, “may”, “should”, “will”, “would”, “project” and similar expressions. These forward-looking statements are based on information currently available to us and are subject to a number of risks, uncertainties and other factors that could cause our actual results, performance, prospects or opportunities to differ materially from those expressed in, or implied by, these forward-looking statements. Important factors that could cause our actual results to differ materially from the results referred to in the forward-looking statements we make in this Annual Report on Form 10-K are discussed under “Item 1A. Risk Factors” and elsewhere in this Annual Report on Form 10-K and include:

 

  ·  

general economic and business conditions;

 

  ·  

congestion, work stoppages, equipment and capacity shortages, weather related issues and service disruptions affecting our rail and motor transportation providers;

 

  ·  

industry trends, including changes in the costs of services from rail and motor transportation providers;

 

  ·  

the loss of one or more of our major customers;

 

  ·  

the impact of competitive pressures in the marketplace;

 

  ·  

the frequency and severity of accidents, particularly involving our trucking operations;

 

  ·  

changes in our business strategy, development plans or cost savings plans;

 

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  ·  

difficulties in maintaining or enhancing our information technology systems;

 

  ·  

availability of qualified personnel;

 

  ·  

changes in, or the failure to comply with, government regulations;

 

  ·  

increases in interest rates;

 

  ·  

our ability to integrate acquired businesses;

 

  ·  

terrorism and acts of war; and

 

  ·  

increases in our leverage.

 

Our actual consolidated results of operations and the execution of our business strategy could differ materially from those expressed in, or implied by, the forward-looking statements. In addition, past financial or operating performance is not necessarily a reliable indicator of future performance and you should not use our historical performance to anticipate future results or future period trends. We can give no assurances that any of the events anticipated by the forward-looking statements will occur or, if any of them do, what impact they will have on our consolidated results of operations, financial condition or cash flows. In evaluating our forward-looking statements, you should specifically consider the risks and uncertainties discussed under “Item 1A. Risk Factors” in this Annual Report on Form 10-K. Except as otherwise required by federal securities laws, we undertake no obligation to publicly revise our forward-looking statements to reflect events or circumstances that arise after the date of this Annual Report on Form 10-K. All forward-looking statements attributable to us or persons acting on our behalf are expressly qualified in their entirety by the cautionary statements included in this Annual Report on Form 10-K.

 

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Table of Contents
This excerpt taken from the PACR 10-K filed Mar 2, 2006.

Special Note Regarding Forward-looking Statements

 

This Annual Report on Form 10-K on Form 10-K contains forward looking statements, within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, that reflect our current estimates, expectations and projections about our future results, performance, prospects and opportunities. Forward-looking statements include, among other things, the information concerning our possible future consolidated results of operations, business and growth strategies, financing plans, our competitive position and the effects of competition, the projected growth of the industries in which we operate, and the benefits and synergies to be obtained from any future acquisitions. Forward-looking statements include all statements that are not historical facts and can be identified by forward-looking words such as “anticipate”, “believe”, “could”, “estimate”, “expect”, “intend”, “plan”, “may”, “should”, “will”, “would”, “project” and similar expressions. These forward-looking statements are based on information currently available to us and are subject to a number of risks, uncertainties and other factors that could cause our actual results, performance, prospects or opportunities to differ materially from those expressed in, or implied by, these forward-looking statements. Important factors that could cause our actual results to differ materially from the results referred to in the forward-looking statements we make in this Annual Report on Form 10-K are discussed under “Item 1A. Risk Factors” and elsewhere in this Annual Report on Form 10-K and include:

 

  ·   general economic and business conditions;

 

  ·   congestion, work stoppages, equipment and capacity shortages, weather related issues and service disruptions affecting our rail and motor transportation providers;

 

  ·   industry trends, including changes in the costs of services from rail and motor transportation providers;

 

  ·   the loss of one or more of our major customers;

 

  ·   the impact of competitive pressures in the marketplace;

 

  ·   the frequency and severity of accidents, particularly involving our trucking operations;

 

  ·   changes in our business strategy, development plans or cost savings plans;

 

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  ·   our ability to integrate acquired businesses;

 

  ·   availability of qualified personnel;

 

  ·   changes in, or the failure to comply with, government regulations;

 

  ·   increases in interest rates;

 

  ·   difficulties in maintaining or enhancing our information technology systems;

 

  ·   terrorism and acts of war; and

 

  ·   increases in our leverage.

 

Our actual consolidated results of operations and the execution of our business strategy could differ materially from those expressed in, or implied by, the forward-looking statements. In addition, past financial or operating performance is not necessarily a reliable indicator of future performance and you should not use our historical performance to anticipate future results or future period trends. We can give no assurances that any of the events anticipated by the forward-looking statements will occur or, if any of them do, what impact they will have on our consolidated results of operations and financial condition. In evaluating our forward-looking statements, you should specifically consider the risks and uncertainties discussed under “Risk Factors” in this Annual Report on Form 10-K. Except as otherwise required by federal securities laws, we undertake no obligation to publicly revise our forward-looking statements to reflect events or circumstances that arise after the date of this Annual Report on Form 10-K. All forward-looking statements attributable to us or persons acting on our behalf are expressly qualified in their entirety by the cautionary statements included in this Annual Report on Form 10-K.

 

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This excerpt taken from the PACR 10-K filed Mar 14, 2005.

Special Note Regarding Forward-Looking Statements

 

This annual report on Form 10-K contains forward looking statements, in accordance with Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, that reflect our current estimates, expectations and projections about our future results, performance, prospects and opportunities. Forward-looking statements include, among other things, the information concerning our possible future results of operations, business and growth strategies, financing plans, our competitive position and the effects of competition, the projected growth of the industries in which we operate, and the benefits and synergies to be obtained from our completed and any future acquisitions. Forward-looking statements include all statements that are not historical facts and can be identified by forward-looking words such as “anticipate”, “believe”, “could”, “estimate”, “expect”, “intend”, “plan”, “may”, “should”, “will”, “would”, “project” and similar expressions. These forward-looking statements are based on information currently available to us and are subject to a number of risks, uncertainties and other factors that could cause our actual results, performance, prospects or opportunities to differ materially from those expressed in, or implied by, these forward-looking statements. Important factors that could cause our actual results to differ materially from the results referred to in the forward-looking statements we make in this annual report are discussed under “Risks Related to our Business” and elsewhere in this annual report and include:

 

  ·   general economic and business conditions;

 

  ·   congestion, work stoppages, capacity shortages or service disruptions affecting our rail and motor transportation providers;

 

  ·   industry trends, including changes in the costs of services from rail and motor transportation providers;

 

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  ·   changes in our business strategy, development plans or cost savings plans;

 

  ·   the loss of one or more of our major customers;

 

  ·   the impact of competitive pressures in the marketplace;

 

  ·   availability of qualified personnel;

 

  ·   changes in, or the failure to comply with, government regulations;

 

  ·   our ability to integrate acquired businesses;

 

  ·   increases in interest rates;

 

  ·   difficulties in maintaining or enhancing our information technology systems;

 

  ·   the frequency and severity of accidents, particularly involving our trucking operations;

 

  ·   terrorism and acts of war; and

 

  ·   increases in our leverage.

 

Our actual results of operations and execution of our business strategy could differ materially from those expressed in, or implied by, the forward-looking statements. In addition, past financial and/or operating performance is not necessarily a reliable indicator of future performance and you should not use our historical performance to anticipate results or future period trends. We can give no assurances that any of the events anticipated by the forward-looking statements will occur or, if any of them do, what impact they will have on our results of operations and financial condition. In evaluating our forward-looking statements, you should specifically consider the risks and uncertainties discussed under “Risk Factors” in this annual report. Except as otherwise required by federal securities laws, we undertake no obligation to publicly revise our forward-looking statements to reflect events or circumstances that arise after the date of this annual report. All forward-looking statements attributable to us or persons acting on our behalf are expressly qualified in their entirety by the cautionary statements included in this annual report.

 

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