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Annual Report 2010 - CDON Group

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<strong>CDON</strong> <strong>Group</strong> <strong>Group</strong> AB AB<br />

<strong>Annual</strong> <strong>Report</strong> report <strong>2010</strong><br />

Financing and interest rates<br />

The <strong>CDON</strong> <strong>Group</strong> currently has a strong financial position with net cash, but finances its<br />

operations in part by borrowing, which mainly consists of a nominal SEK 250 million convertible<br />

loan. For more information on the convertible loan, see Note 27. This means that part of <strong>CDON</strong><br />

<strong>Group</strong>’s cash flow is used for interest payments, but the fixed interest rate of 2.85% on the<br />

convertible limits the company’s interest rate risk. If the <strong>CDON</strong> <strong>Group</strong>’s development deviates<br />

from the forecasted development, it cannot be ruled out that a situation could arise in the future<br />

in which <strong>CDON</strong> <strong>Group</strong> has difficulties paying interest or must obtain new capital, for example<br />

through a new share issue. Potential future acquisitions may also increase the need for new<br />

capital. It cannot be guaranteed that additional capital can be obtained on favourable terms for<br />

the <strong>CDON</strong> <strong>Group</strong>.<br />

For further information on the financial risks, see Note 20.<br />

Legal risks<br />

Legislation, regulation, and compliance<br />

<strong>CDON</strong> <strong>Group</strong> is affected by legislation and regulations relating to some of the goods that it sells.<br />

For example, products within the Sports & Health segment are covered by national food<br />

regulations. These products must therefore be approved by regulatory authorities in some of the<br />

countries where the <strong>CDON</strong> <strong>Group</strong> operates, which may entail approval or registration. Violation of<br />

legislation or regulations, such as food and drink legislation, could lead to injunctions against the<br />

<strong>CDON</strong> <strong>Group</strong>. Moreover, the cost of regulatory compliance can be substantial.<br />

Intellectual property rights<br />

The <strong>CDON</strong> <strong>Group</strong> works actively to protect its brands, name, and domain names in the<br />

jurisdictions where the <strong>CDON</strong> <strong>Group</strong> operates. However, there is no assurance that the measures<br />

the <strong>CDON</strong> <strong>Group</strong> has taken are sufficient. In <strong>CDON</strong> <strong>Group</strong>’s opinion, the <strong>CDON</strong> <strong>Group</strong> does not<br />

infringe on any third-party intellectual property rights. However, there are no guarantees that in<br />

future situations, such as product launches or in conjunction with expansion into new geographic<br />

markets, the <strong>CDON</strong> <strong>Group</strong> will not infringe or be accused of infringing on third-party intellectual<br />

property rights.<br />

Taxes<br />

The <strong>CDON</strong> <strong>Group</strong> conducts business in several different countries. There are no assurances that<br />

the <strong>CDON</strong> <strong>Group</strong>’s interpretation and application of applicable laws, regulations, case law, and the<br />

tax authorities’ administrative practices have been or will continue to be correct, or that such<br />

laws, regulations, case law, or practices will not be amended, possibly retroactively. <strong>CDON</strong> <strong>Group</strong><br />

may be affected by changes in different countries’ tax laws and may have to pay additional taxes,<br />

interest, or penalties in connection with future tax audits or may be required to write down<br />

deferred tax assets.<br />

21

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