12 Forward-Looking Statements Forward-Looking Statements This presentation contains forward-looking statements. The words “improvements,” “believe,” “will,” “expect,” “anticipate” and similar expressions are intended to identify forward-looking statements. The company’s future results could differ materially from any results projected in such forward-looking statements because of a number of factors, including (among others) inflation, inclement weather, price and availability of fuel, sudden changes in the cost of fuel or the index upon which the company bases its fuel surcharge, competitor pricing activity, expense volatility, including (without limitation) expense volatility due to changes in rail service or pricing for rail service, ability to capture cost reductions, changes in equity and debt markets, a downturn in general or regional economic activity, effects of a terrorist attack, labor relations, including (without limitation), the impact of work rules, work stoppages, strikes or other disruptions, any obligations to multi-employer health, welfare and pension plans, wage requirements and employee satisfaction, and the risk factors that are from time to time included in the company’s reports filed with the SEC, including the company’s Annual Report on Form 10-K. The company’s expectations regarding the incremental cost savings due to facility closures are only its expectations regarding this matter. Actual savings could differ based on a number of factors including (among others) the company’s ability to enter into, and the terms of, lease termination agreements for the leased properties, our ability to enter into agreements to sell the owned properties and our ability to identify all costs related to the closing of the facilities. The company’s expectations regarding the timing and ratio of a reverse stock split are only its expectations regarding these matters. The actual timing and ratio of any reverse stock split approved by the company’s board of directors could differ based on a number of factors including (among others) the closing bid price of the company’s common stock and the factors that affect the price of the company’s common stock including (among others) actual or expected fluctuations in the company’s operating results, changes in general economic condition or conditions in the company’s industry generally, changes in conditions in the financial markets, the effect of any issuance of additional shares of the company’s common stock. The agreements related to the company’s new 6% convertible senior notes due 2014 restrict the company from implementing a reverse stock split prior to April 24, 2010. The company’s expectations regarding the second closing of the new notes are only its expectations regarding this matter. The closing of the second $20.2 million of the notes is subject to a number of conditions, including (among others), a determination of the outcome of the company’s litigation with respect to its outstanding 5% and 3.375% contingent convertible notes. The company’s expectations regarding the timing and degree of market share regained are only its expectations regarding these matters. Actual timing and degree of market share regained could differ based on a number of factors including (among others) the company’s ability to persuade existing customers to increase shipments with the company and to attract new customers, and the factors that affect revenue results (including the risk factors that are from time to time included in the company’s reports filed with the SEC, including the Company’s annual report on Form 10-K). The company’s expectations regarding the rate and timing of revenue mix improvements are only its expectations regarding these matters. Actual rate and timing of revenue mix improvements could differ based on a number of factors including (among others) general economic trends and excess capacity within the industry, and the factors that affect revenue results (including the risk factors that are from time to time included in the company’s reports filed with the SEC, including the Company’s annual report on Form 10-K). |