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exemptions, several states have not. If a court or other applicable authority were to determ<strong>in</strong>e that Environmental<br />

Services does not benefit from federal or state exemptions from liability <strong>in</strong> provid<strong>in</strong>g emergency response<br />

services, Environmental Services could be liable together with the local contractor and the responsible party for<br />

any result<strong>in</strong>g damages, <strong>in</strong>clud<strong>in</strong>g damages caused by others. In the <strong>in</strong>ternational market, Environmental Services<br />

does not benefit from the spill response liability protection provided by the CWA and therefore is subject to the<br />

liability terms and conditions negotiated with its <strong>in</strong>ternational clients.<br />

Inland River Services could experience variation <strong>in</strong> freight rates. Freight transportation rates may fluctuate<br />

as the volume of cargo and availability of barges changes. Volume of freight transported on the U.S. Inland River<br />

Waterways may vary as a result of various factors, such as global economic conditions and bus<strong>in</strong>ess cycles,<br />

domestic and <strong>in</strong>ternational agricultural production and demand and foreign currency exchange rates. Barge<br />

participation <strong>in</strong> the <strong>in</strong>dustry can also vary year to year and is dependent on the number of barges built and retired<br />

from service. Extended periods of high barge availability and low cargo demand could adversely impact Inland<br />

River Services.<br />

Inland River Services’ results of operations could be adversely affected by the decl<strong>in</strong>e <strong>in</strong> United States<br />

gra<strong>in</strong> exports. Inland River Services’ bus<strong>in</strong>ess is significantly affected by the volume of gra<strong>in</strong> exports handled<br />

through U.S. Gulf of Mexico ports. Gra<strong>in</strong> exports can vary due to a number of factors <strong>in</strong>clud<strong>in</strong>g the crop harvest<br />

yield levels <strong>in</strong> the United States and abroad, and the demand for gra<strong>in</strong> <strong>in</strong> the United States. The shortage of<br />

available gra<strong>in</strong> overseas can <strong>in</strong>crease demand for U.S. gra<strong>in</strong>. Conversely, an abundance of gra<strong>in</strong> overseas can<br />

decrease demand for U.S. gra<strong>in</strong>. A decl<strong>in</strong>e <strong>in</strong> exports could result <strong>in</strong> excess barge capacity, which would likely<br />

lower freight rates earned by Inland River Services.<br />

Inland River Services’ results of operations could be adversely affected by <strong>in</strong>ternational economic and<br />

political factors. The actions of foreign governments could affect the import and export of the dry-bulk<br />

commodities typically transported by Inland River Services. Foreign trade agreements and each country’s<br />

adherence to the terms of such agreements can raise or lower demand for U.S. imports and exports of the<br />

dry-bulk commodities Inland River Services transports. National and <strong>in</strong>ternational boycotts and embargoes of<br />

other countries’ or U.S. imports or exports together with the rais<strong>in</strong>g or lower<strong>in</strong>g of tariff rates will affect the<br />

demand for transportation of the cargos Inland River Services transports. These actions or developments could<br />

have an adverse impact on Inland River Services.<br />

Inland River Services’ results of operations are affected by seasonal activity. Inland River Services’<br />

bus<strong>in</strong>ess is seasonal, and its quarterly revenues and profits have historically been lower dur<strong>in</strong>g the first and<br />

second quarters of the year and higher dur<strong>in</strong>g the third and fourth quarters dur<strong>in</strong>g the gra<strong>in</strong> harvest.<br />

Inland River Services’ results of operations are affected by adverse weather and river conditions. Weather<br />

patterns can affect river levels and cause ice conditions dur<strong>in</strong>g w<strong>in</strong>ter months, which can hamper barge<br />

navigation. Locks on river systems may be closed for ma<strong>in</strong>tenance or other causes, which may delay barge<br />

movements. These conditions could adversely impact Inland River Services.<br />

Inland River Services’ results of operations could be materially and adversely affected by fuel price<br />

fluctuations. For the most part, Inland River Services purchases towboat and fleet<strong>in</strong>g services from third party<br />

vendors. The price of these services can rise when fuel prices escalate and could adversely impact Inland River<br />

Services’ results of operations.<br />

The Company’s <strong>in</strong>surance coverage may be <strong>in</strong>adequate to protect it from the liabilities that could arise <strong>in</strong><br />

its bus<strong>in</strong>esses. Although the Company ma<strong>in</strong>ta<strong>in</strong>s <strong>in</strong>surance coverage aga<strong>in</strong>st the risks related to its bus<strong>in</strong>esses,<br />

risks may arise for which it may not be <strong>in</strong>sured. Claims covered by <strong>in</strong>surance are subject to deductibles, the<br />

aggregate amount of which could be material. Insurance policies are also subject to compliance with certa<strong>in</strong><br />

conditions, the failure of which could lead to a denial of coverage as to a particular claim or the void<strong>in</strong>g of a<br />

particular <strong>in</strong>surance policy. There also can be no assurance that exist<strong>in</strong>g <strong>in</strong>surance coverage can be renewed at<br />

commercially reasonable rates or that available coverage will be adequate to cover future claims. If a loss occurs<br />

that is partially or completely un<strong>in</strong>sured, the Company could be exposed to substantial liability.<br />

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