1 Safe Harbor Statement This presentation and the comments being made today contain certain forward-looking statements. All statements other than statements of historical fact are forward-looking statements within the meaning of the Federal securities law. Statements that include the words such as "strategy," "expects," "continues," "plans," "anticipates," "believes," "estimates," "intends," "projects," "goals," "targets" and other similar statements of a forward-looking nature, identify forward-looking statements, including, but not limited to all references to McGraw-Hill forecasts. The forward-looking statements include, but are not limited to, the following statements: market share; modest growth of the U.S. economy; the outlook for the commercial/institutional sector and single-family sector of the construction market and for industrial markets that use our chemical products; sales growth of the Climate Control Business and the resulting upside potential; customer demand for our products; shipment of backlog; cost of new nitric acid plants and when such plants will be constructed and become operational; expected production volumes at our Chemical Business facilities; committed and planned capital spending and funding of the same; ability to pass to our customers the majority of any cost increases in the form of higher prices; sufficient sources for materials and components including anhydrous ammonia; our geothermal heat pumps ("GHPs") use a form of renewable energy and, under certain conditions, can reduce energy costs and provide homeowners and businesses who install GHP's with tax credits and related benefits; our GHPs and other energy efficient products, including those still in development, allow us to benefit from strong expected growth trends in the green building market; our cash needs and funding of the same through working capital, internally generated cash flows, third-party financing and insurance proceeds; compliance by El Dorado Chemical Company's ("EDC") facility located in El Dorado, Arkansas (the "El Dorado Facility") of the terms of its permits, including future limits; in conjunction with our long-term compliance plan, EDC's ability to participate in a wastewater pipeline project for disposal of wastewater that the city of El Dorado, Arkansas will construct and own which should also resolve EDC's dissolved mineral issue once it is operational; our ability to negotiate a settlement with the United States Environmental Protection Agency for alleged violations involving the Clean Air Act at our chemical facilities; reduction in operating income within our chemical facilities due to damaged facilities; capital costs and other expenses relating to environmental and health laws including for regulatory and compliance issues and enforcement and remediation liabilities; costs and timing of a planned major maintenance activity during 2013 for our chemical facilities; internally generated cash flows and liquidity could be affected by declines in sales volume, changes in the production efficiency of our facilities, and timing of insurance proceeds; accounting estimates and assumptions utilized as of December 31, 2012 and March 31, 2013 could change in the near term; our insurance bonds expire or fail to be renewed in 2013; the amount of advanced manufacturing energy credits to be utilized to partially offset our federal tax liability; depreciation, depletion and amortization expected to increase in 2013; we currently intend to fund any stock repurchase from our available working capital; expenditures relating to our process safety management, reliability and mechanical integrity programs and expansion of such programs enhancing overall reliability and allowing us to more quickly identify potential problems before they occur and minimize the risk of unplanned downtime; LEAN initiatives will drive and enhance profitability; the cost disadvantage of producing products from purchased ammonia, compared to products directly produced from natural gas, will continue to be significant for the medium and long-term; recovery under our property and business interruption insurance due to damages at various of our chemical facilities; construction of a new ammonia plant at the El Dorado Facility will reduce our production costs, enhance reliability, provide us with additional capacity, and position us to continue to realize strong cash flow; ability to meet all financial covenant requirements under our wholly-owned subsidiary's, ThermaClime, L.L.C. (which owns a substantial portion of the companies comprising the Climate Control Business and Chemical Business), and certain of its wholly-owned subsidiaries' secured revolving credit facility dated as of November 5, 2007, as amended from time to time, of which the issuer is a guarantor; diversity of end markets and targeted mix of sales volumes for our products will continue to lessen the cyclicality of our financial performance; our ability to maintain existing market positions in our core products and to expand our market share in other product categories; our highly flexible production techniques position us well for an eventual recovery in our markets; difficulty of replicating our distribution network; our strategic initiatives will drive increased sales growth and profitability; our ability to further develop relationships with large industrial customers in our Chemical Business; continue to develop products and renovation and retrofit applications; ammonia converter sustaining higher production rates; cumulative negative effect to our second quarter 2013 operating income; anticipated second quarter 2013 operating income and diluted earnings per share; renewal of our union agreements; and all forward-looking statements described in "Special Note Regarding Forward-Looking Statements" contained in our Annual Report on Form 10-K for the year ended December 31, 2012, and in "Special Note Regarding Forward-Looking Statements" contained in our Quarterly Report on Form 10-Q for the quarter ended March 31, 2013. You should not rely on forward-looking statements because actual events or results may differ materially from those indicated by these forward-looking statements as a result of a number of important factors. We incorporate the risks and uncertainties "Risk Factors " contained in our Annual Report on Form 10-K for the year ended December 31, 2012. We undertake no duty to update the information contained in this presentation. |