We are subject to the risks and uncertainties associated with Chapter 11 proceedings.
Operating under Chapter 11 may restrict our ability to pursue our business strategies.
Adverse publicity in connection with the Chapter 11 Cases or otherwise could negatively affect our businesses.
The Chapter 11 Cases limit the flexibility of our management team in running our business.
Our senior management team and other key personnel may not be able to execute the business plans as currently developed, given the substantial attention required of such individuals by the Chapter 11 Cases.
The pursuit of the bankruptcy filing has consumed and will continue to consume a substantial portion of the time and attention of our management, which may have a material adverse effect on our business and results of operations, and we may face increased levels of employee attrition.
As a result of the Chapter 11 Cases, our financial results may be volatile and may not reflect historical trends.
We may be unable to comply with restrictions or with budget, liquidity or other covenants imposed by the agreements governing the DIP financing and our other financing arrangements. Such non-compliance could result in an event of default under the terms of the DIP financing that, if not cured or waived, would have a material adverse effect on our business, financial condition and results of operations.
We may not be able to obtain confirmation of a Chapter 11 plan of reorganization.
Even if a Chapter 11 plan of reorganization is consummated, we will continue to face risks.
Operating under Bankruptcy Court protection for a long period of time may harm our business.
Third parties may propose competing Chapter 11 plans of reorganization and we may receive unsolicited offers for Windstream or our assets.
In certain specific instances, including, if we are not able to obtain confirmation of a Chapter 11 plan of reorganization, if current financing is insufficient, or if exit financing is not available, a Chapter 11 case may be converted to a case under Chapter 7 of the Bankruptcy Code, and may result in significant smaller distributions to our creditors than under a Chapter 11 plan of reorganization.
We may be subject to claims that will not be discharged in the Chapter 11 Cases, which could have a material adverse effect on our financial condition and results of operations.
Our cash flows may not provide sufficient liquidity during the Chapter 11 Cases. Our long-term liquidity requirements and the adequacy of our capital resources are difficult to predict at this time.
If we have substantial indebtedness upon emergence from Chapter 11, it may adversely affect our financial health and operating flexibility.
Trading in our securities during the pendency of the Chapter 11 Cases is highly speculative and poses substantial risks. It is possible our common stock will be canceled and that holders of such common stock will not receive any distribution with respect to, or be able to recover any portion of, their investments.
Our common stock was delisted from NASDAQ and is currently traded on the OTC Pink Sheets market maintained by the OTC Market Group, Inc., which involves additional risks compared to being listed on a national securities exchange.
The operation of our business could be disrupted by the outbreak of other highly infectious or contagious diseases, such as the current COVID-19 pandemic, which could result in adverse impacts to our financial condition, results of operations, and cash flow.
Our board of directors eliminated our quarterly common stock dividend commencing in the third quarter of 2017 as part of our revised capital allocation strategy. We have no current plans to pay cash dividends on our common stock for the foreseeable future. As a result, you may not receive any return on investment unless you sell your common stock for a price greater than that which you paid for it.
Competition in our business markets could adversely affect our results of operations and financial condition.
Our substantial debt could adversely affect our cash flow and impair our ability to raise additional capital on favorable terms.
Rapid changes in technology could affect our ability to compete for business customers.
Cyber security incidents could have a significant operational and financial impact.
In certain operating territories and/or at certain locations, we are dependent on other carriers to provide facilities that we use to provide service to our customers.
Disruptions and congestion in our networks and infrastructure may cause us to lose customers and incur additional expenses.
Continuous increases in broadband usage may cause network capacity limitations, resulting in service disruptions or reduced capacity for customers.
A change in ownership may limit our ability to utilize our net operating loss carryforwards.
We are required to make payments under the contractual arrangement with Uniti, and our ability to do so could be adversely impaired by results of our operations, changes in our cash requirements and cash tax obligations, or overall financial position; conversely, these payments could adversely affect our ability to fund our operations and growth and limit our ability to react to competitive and economic changes.
Our failure to comply with the provisions of the contractual arrangement with Uniti could materially adversely affect our business, financial position, results of operations and liquidity.
If the spin-off, and certain related transactions, fails to qualify as a tax-free transaction for U.S. federal income tax purposes, we could be subject to significant tax liabilities and, in certain circumstances, we could be required to indemnify Uniti for material taxes pursuant to indemnification obligations that we entered into with Uniti.
We are subject to various forms of regulation from the Federal Communications Commission (“FCC”) and state regulatory commissions in the states in which we operate, which limit our pricing flexibility for regulated voice and high-speed Internet products, subject us to service quality, service reporting and other obligations and expose us to the reduction of revenue from changes to the universal service fund, the inter-carrier compensation system, or access to interconnection with competitors’ facilities.
Our operations require substantial capital expenditures, and if funds for capital expenditures are not available when needed, this could affect our service to customers and our growth opportunities.
The level of returns on our pension plan investments and changes to the actuarial assumptions used to value our pension obligations could have a material effect on our earnings and result in material funding requirements to meet our pension obligations.
Competition in our consumer service areas could reduce our market share and adversely affect our results of operations and financial condition.
If we are prohibited from participating in government programs, our results of operations could be materially and adversely affected.
Competitors, especially cable television companies, in our consumer markets are subject to less stringent industry regulations, which could result in voice line and revenues losses in the future.
We have written off a substantial portion of our goodwill and may be required to write off additional goodwill in the future, which may adversely affect our financial position and results of operations.
We may need to defend ourselves against lawsuits or claims that we infringe upon the intellectual property rights of others.
Weak economic conditions may decrease demand for our services.
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