22.12.2012 Views

O TTO M ARINE L IMITED - Microsoft Internet Explorer - SGX

O TTO M ARINE L IMITED - Microsoft Internet Explorer - SGX

O TTO M ARINE L IMITED - Microsoft Internet Explorer - SGX

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

We are affected by environmental and other laws and regulations governing our business operations.<br />

Our operations are subject to numerous national and supra-national environmental, health and safety laws,<br />

regulations, treaties and conventions (together, “Regulations”), including, inter alia, those controlling the<br />

discharge of materials into the environment, requiring removal and clean-up of environmental contamination,<br />

establishing certification, licensing, health and safety, taxes, labour and training standards, or otherwise relating<br />

to the protection of human health and the environment. The amendment or modification of existing<br />

Regulations or the adoption of new Regulations curtailing or further regulating our business could have a<br />

material adverse effect on our operating results or financial condition. We cannot predict the extent to which<br />

future earnings may be affected due to compliance with such new Regulations.<br />

In order to carry on our shipbuilding and ship repair and conversion businesses, we are required to obtain<br />

various licences, permits and approvals for our operations, including a shipyard licence and a jetty permit<br />

which are granted by the Indonesian government. There is no assurance that our existing licences will be<br />

renewed or will not be revoked in the event that we fail to comply with any of the requirements laid down by<br />

the Indonesian government in respect thereof or for any other reason. Furthermore, we may be required to<br />

renew our existing licenses and permits in the future or to apply for new licences and permits or operate under<br />

new laws or regulations that may impose onerous conditions on the manner in which we conduct our<br />

operations. Should any of our licences, permits or approvals be suspended, revoked or not renewed or should<br />

we fail to comply with any applicable laws or regulations, our business and performance may be adversely<br />

affected.<br />

In addition, we may be subject to significant fines and penalties for non-compliance with environmental<br />

laws and regulations, many of them relating to the discharge of hazardous substances and the protection of the<br />

environment. Pursuant to these laws and regulations, we could be held liable for remediation of some types of<br />

pollution, hazardous substances and debris from production, as well as other assets owned or operated by us or<br />

our customers or our subcontractors. Environmental remediation costs could be significant and could have a<br />

material adverse effect on our financial condition and results of our operations.<br />

We may not have adequate insurance to cover all risks we face, and we may suffer an uninsured loss.<br />

Our assets and business are subject to certain risks including natural disasters such as floods, earthquakes,<br />

typhoons, tsunamis and tidal waves and accidents such as fire and explosions resulting in work stoppages and<br />

death. In particular, our shipyard is located in Batam, near Sumatra in Indonesia. The Indonesian archipelago<br />

is one of the most volcanically active regions in the world and as such, it is subject to significant seismic<br />

activity which may adversely affect our shipyard.<br />

In addition, our vessels operate under harsh weather and environmental conditions. Adverse changes in<br />

weather and environmental conditions may damage our vessels. Moreover, as our customers are in possession<br />

of and exercise control over our vessels which have been chartered to them, our customers may expose our<br />

vessels to attacks by pirates, arrests or other impounding actions in different jurisdictions, which may lead to<br />

damage, destruction or a loss of use of our vessels.<br />

Our operations also expose us to claims from third parties including product liability claims and claims<br />

arising from accidents and hazards incident to our business.<br />

While we maintain a number of separate insurance policies to protect our businesses and assets against<br />

risks such as material damage, liability, business interruption, product liability, workers’ compensation and<br />

employee liability, professional indemnity, and directors and officers’ liability, we cannot assure you that our<br />

insurance coverage would be sufficient to cover all of our potential risks or losses. Our insurance policies<br />

provide for limitations on the maximum amounts that may be recovered for any one loss event or any series of<br />

losses, and recovery is generally dependent on the insured first making payment of the appropriate excess or<br />

deductible.<br />

In addition, any deterioration of the security conditions in the countries or regions where we or our<br />

customers operate or past incidence of claims made against our insurance policies are likely to attract higher<br />

premiums for the coverage of the same risk in the future or, under certain circumstances, withdrawal by our<br />

insurers from providing the insurance coverage.<br />

Our results of operations, business and financial condition could be materially adversely affected in the<br />

event of an uninsured loss, a loss that exceeds insured limits, a succession of such losses or substantially<br />

higher insurance premiums.<br />

20

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!