UA » Topics » Our international operations and the operations of many of our manufacturers are subject to additional risks that are beyond our control and that could harm our business.

These excerpts taken from the UA 10-K filed Feb 20, 2009.

Our international operations and the operations of many of our manufacturers are subject to additional risks that are beyond our control and that could harm our business.

In 2008, our apparel and footwear were manufactured by 23 primary manufacturers, operating in 12 countries, eight of which manufactured approximately 55% of our products. These manufacturers are primarily located in China, Dominican Republic, Honduras, Mexico and Nicaragua. In 2008, approximately 59% of our products were manufactured in Asia, with 18% manufactured in Central and South America and 18% manufactured in Mexico. In addition, approximately 9% of our 2008 net revenues were generated through international sales and licensing fees. As a result of our international manufacturing and sales, we are subject to risks associated with doing business abroad, including:

 

   

political unrest, terrorism and economic instability resulting in the disruption of trade from foreign countries in which our products are manufactured;

 

   

currency exchange fluctuations;

 

   

the imposition of new laws and regulations, including those relating to labor conditions, quality and safety standards, imports, duties, taxes and other charges on imports, as well as trade restrictions and restrictions on the transfer of funds;

 

   

reduced protection for intellectual property rights in some countries;

 

   

understanding foreign consumer tastes and preferences that may differ from those in the United States;

 

   

complying with foreign laws and regulations that differ from country to country;

 

   

disruptions or delays in shipments; and

 

   

changes in local economic conditions in countries where our manufacturers, suppliers or customers are located.

Our international operations and the operations of many of our manufacturers are subject to additional risks that are
beyond our control and that could harm our business.

In 2008, our apparel and footwear were manufactured by 23 primary manufacturers,
operating in 12 countries, eight of which manufactured approximately 55% of our products. These manufacturers are primarily located in China, Dominican Republic, Honduras, Mexico and Nicaragua. In 2008, approximately 59% of our products were
manufactured in Asia, with 18% manufactured in Central and South America and 18% manufactured in Mexico. In addition, approximately 9% of our 2008 net revenues were generated through international sales and licensing fees. As a result of our
international manufacturing and sales, we are subject to risks associated with doing business abroad, including:

 







  

political unrest, terrorism and economic instability resulting in the disruption of trade from foreign countries in which our products are manufactured;

 







  

currency exchange fluctuations;

 







  

the imposition of new laws and regulations, including those relating to labor conditions, quality and safety standards, imports, duties, taxes and other charges on
imports, as well as trade restrictions and restrictions on the transfer of funds;

 







  

reduced protection for intellectual property rights in some countries;

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







  

understanding foreign consumer tastes and preferences that may differ from those in the United States;

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







  

complying with foreign laws and regulations that differ from country to country;

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







  

disruptions or delays in shipments; and

 







  

changes in local economic conditions in countries where our manufacturers, suppliers or customers are located.

STYLE="margin-top:18px;margin-bottom:0px">Fluctuations in the cost of raw materials could negatively affect our operating results.

STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%">The fabrics used by our suppliers and manufacturers are synthetic fabrics and involve raw materials, including petroleum-based products. Significant price
fluctuations or shortages in petroleum or other raw materials can materially adversely affect our cost of goods sold, results of operations and financial condition.

FACE="Times New Roman" SIZE="2">Our operating results are subject to seasonal and quarterly variations in our net revenues and net income, which could adversely affect the price of our Class A Common Stock.

STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%;padding-bottom:3px;line-height:95%; vertical-align:top">We have experienced, and expect to continue to experience, seasonal and quarterly variations in our
net revenues and net income. These variations are primarily related to increased sales of our products during the fall season, reflecting our historical strength in fall sports, and the seasonality of sales of our higher priced COLDGEARFACE="Times New Roman" SIZE="1">®
line. The majority of our net revenues were generated during the last two quarters in each of 2008, 2007 and 2006, respectively.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%;padding-bottom:3px;line-height:95%; vertical-align:top">Our quarterly results of operations may also fluctuate significantly as a result of a variety of
other factors, including, among other things, the timing of the introduction of and advertising for new products and changes in our product mix. Variations in weather conditions may also have an adverse effect on our quarterly results of operations.
For example, warmer than normal weather conditions throughout the fall or winter may reduce sales of our COLDGEAR® line, leaving us with excess inventory and operating results below our
expectations.

As a result of these seasonal and quarterly fluctuations, we believe that comparisons of our operating results between
different quarters within a single year are not necessarily meaningful and that these comparisons cannot be relied upon as indicators of our future performance. Any seasonal or quarterly fluctuations that we report in the future may not match the
expectations of market analysts and investors. This could cause the price of our Class A Common Stock to fluctuate significantly.

 


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These excerpts taken from the UA 10-K filed Feb 22, 2008.

Our international operations and the operations of many of our manufacturers are subject to additional risks that are beyond our control and that could harm our business.

In 2007, our apparel and footwear products were manufactured by 19 primary manufacturers, operating in 15 countries, seven of which manufactured approximately 55% of our products. These manufacturers are primarily located in China, Dominican Republic, Honduras and Mexico. In 2007, approximately 53% of our products were manufactured in Asia, with 25% manufactured in Central and South America and 19% manufactured in Mexico. In addition, approximately 7% of our 2007 net revenues were generated through

 

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international sales and licensing fees. As a result of our international manufacturing and sales, we are subject to risks associated with doing business abroad, including:

 

   

political unrest, terrorism and economic instability resulting in the disruption of trade from foreign countries in which our products are manufactured;

 

   

currency exchange fluctuations;

 

   

the imposition of new laws and regulations, including those relating to labor conditions, quality and safety standards, imports, duties, taxes and other charges on imports, as well as trade restrictions and restrictions on the transfer of funds;

 

   

reduced protection for intellectual property rights in some countries;

 

   

understanding foreign consumer tastes and preferences that may differ from those in the United States;

 

   

complying with foreign laws and regulations that differ from country to country;

 

   

disruptions or delays in shipments; and

 

   

changes in local economic conditions in countries where our manufacturers, suppliers or customers are located.

Our international operations and the operations of many of our manufacturers are subject to additional
risks that are beyond our control and that could harm our business.

In 2007, our apparel and footwear products were manufactured by 19
primary manufacturers, operating in 15 countries, seven of which manufactured approximately 55% of our products. These manufacturers are primarily located in China, Dominican Republic, Honduras and Mexico. In 2007, approximately 53% of our products
were manufactured in Asia, with 25% manufactured in Central and South America and 19% manufactured in Mexico. In addition, approximately 7% of our 2007 net revenues were generated through

 


16







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international sales and licensing fees. As a result of our international manufacturing and sales, we are subject to risks associated with doing business
abroad, including:

 







  

political unrest, terrorism and economic instability resulting in the disruption of trade from foreign countries in which our products are manufactured;

 







  

currency exchange fluctuations;

 







  

the imposition of new laws and regulations, including those relating to labor conditions, quality and safety standards, imports, duties, taxes and other charges on
imports, as well as trade restrictions and restrictions on the transfer of funds;

 







  

reduced protection for intellectual property rights in some countries;

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







  

understanding foreign consumer tastes and preferences that may differ from those in the United States;

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







  

complying with foreign laws and regulations that differ from country to country;

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







  

disruptions or delays in shipments; and

 







  

changes in local economic conditions in countries where our manufacturers, suppliers or customers are located.

STYLE="margin-top:18px;margin-bottom:0px">Our senior secured credit facility provides our lenders with a first-priority lien against substantially all of our assets and contains financial covenants and other
restrictions on our actions, and it could therefore limit our operational flexibility or otherwise adversely affect our financial condition.

SIZE="2">We have, from time to time, financed our liquidity needs in part from borrowings made under our senior secured credit facility. The senior secured credit facility is a revolving facility of up to $100.0 million (based on the value of
our eligible domestic accounts receivable and inventory).

Our senior secured credit facility contains a number of significant restrictions
that limit our ability, among other things, to:

 







  

use our accounts receivable, inventory, trademarks and most of our other assets as security in other borrowings or transactions;

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







  

pay dividends on stock or redeem or acquire any of our securities;

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







  

sell certain assets;

 







  

make certain investments;

 







  

guaranty certain obligations of third parties;

 







  

undergo a merger or consolidation; and

 







  

engage in any activity materially different from those presently conducted by us.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">The facility also provides the lenders with the ability to reduce the valuation of our inventory and receivables in certain circumstances and thereby
reduce our ability to borrow under the facility even if we are in compliance with all of the conditions of the facility. In addition, we are required to comply with certain financial covenants in the event we fail to maintain a minimum borrowing
availability. Failure to comply with these operating or financial covenants could result from, among other things, changes in our results of operations or general economic changes. These covenants may restrict our ability to engage in transactions
that would otherwise be in our best interests. Failure to comply with any of the covenants under our senior secured credit facility could result in a default under the facility. This could cause the lenders to accelerate the timing of payments and
exercise their lien on essentially all of our assets, which would have a material adverse effect on our business, operations, financial condition and liquidity. In addition, because our senior secured credit facility bears interest at variable
interest rates, which we do not anticipate hedging against, increases in interest rates would increase our cost of borrowing, resulting in a decline in our net income and cash flow.

SIZE="1"> 


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This excerpt taken from the UA 10-K filed Feb 28, 2007.

Our international operations and the operations of many of our manufacturers are subject to additional risks that are beyond our control and that could harm our business.

In 2006, our apparel products were manufactured by 18 primary manufacturers, operating in 19 countries, four of which manufactured approximately 50% of our products. These four manufacturers are located in Mexico, China and Colombia. In 2006, approximately 40% of our products were manufactured in Asia, with 32% manufactured in Central and South America and 24% manufactured in Mexico. In addition, approximately 4% of our 2006 net revenues were generated through international sales and licensing fees. As a result of our international manufacturing and sales, we are subject to risks associated with doing business abroad, including:

 

   

political unrest, terrorism and economic instability resulting in the disruption of trade from foreign countries in which our products are manufactured;

 

   

currency exchange fluctuations;

 

   

the imposition of new laws and regulations, including those relating to labor conditions, quality and safety standards, imports, duties, taxes and other charges on imports, as well as trade restrictions and restrictions on the transfer of funds;

 

   

reduced protection for intellectual property rights in some countries;

 

   

understanding foreign consumer tastes and preferences that may differ from those in the United States;

 

   

complying with foreign laws and regulations that differ from country to country;

 

   

disruptions or delays in shipments; and

 

   

changes in local economic conditions in countries where our manufacturers, suppliers or customers are located.

This excerpt taken from the UA 10-K filed Mar 15, 2006.

Our international operations and the operations of many of our manufacturers are subject to additional risks that are beyond our control and that could harm our business.

In 2005, our products were manufactured by 18 primary manufacturers, operating in 19 countries. In 2005, approximately 50% of our products were manufactured in Central and South America, with 43% in Asia and 7% manufactured in the United States. In addition, approximately 5% of our 2005 net revenues were generated through international sales and licensing fees. As a result of our international manufacturing and sales, we are subject to risks associated with doing business abroad, including:

 

    political unrest, terrorism and economic instability resulting in the disruption of trade from foreign countries in which our products are manufactured;

 

    currency exchange fluctuations;

 

    the imposition of new laws and regulations, including those relating to labor conditions, quality and safety standards, imports, duties, taxes and other charges on imports, as well as trade restrictions and restrictions on the transfer of funds;

 

    reduced protection for intellectual property rights in some countries;

 

    understanding foreign consumer tastes and preferences that may differ from those in the United States;

 

    complying with foreign laws and regulations that differ from country to country;

 

    disruptions or delays in shipments; and

 

    changes in local economic conditions in countries where our manufacturers, suppliers or customers are located.

 

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These and other factors beyond our control could interrupt our manufacturers’ production in offshore facilities, influence the ability of our manufacturers to export our products cost-effectively or at all, inhibit our and our unaffiliated manufacturers’ ability to procure certain materials, increase our legal or compliance costs and influence our ability to sell our products in international markets, any of which could have an adverse effect on our business, financial condition and operations.

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