Adverse developments with respect to the sale of SkinnyPop products would significantly reduce our net sales and profitability and have a material adverse effect on our ability to maintain profitability and achieve our business plan. Any litigation or claims brought by or against us could result in substantial costs and diversion of our resources. Our third-party co-manufacturer is required to maintain the quality of our products and to comply with our product specifications and requirements for certain certifications. This could require us to make significant capital expenditure investments in order to make sure we have sufficient manufacturing capacity. Additionally, changes in applicable laws or regulations, or evolving interpretations thereof, could necessitate changes to our branding or labeling.
Severe weather conditions and natural disasters, such as fires, floods, droughts, frosts, hurricanes, earthquakes, tornados, insect infestations and plant disease, may affect the supply of raw materials on which we depend to make food products, or may curtail or prevent the manufacturing or. Increased fuel costs result in increased costs for the products and services we receive from our third-party providers including, but not limited to, increased distribution costs for our products and increased packaging costs. An emerging growth company may take advantage of specified reduced reporting requirements that are otherwise applicable generally to public companies. Our continued expansion outside the United States, including in developing countries, and our development of new partnerships and joint venture relationships worldwide, could increase the risk of FCPA, OFAC or Bribery Act violations in the future. We plan to continue to grow SkinnyPop by increasing its distribution, household penetration, product offerings per retail location and sales velocity, all of which will be supported by increasing brand awareness, new product introductions and favorable consumer trends.
New York, New York Currently, all of our SkinnyPop products are produced solely by Assemblers Food Packaging LLC, or Assemblers, sauwage maintains only one facility for all of its customers.
Goodwill represents the excess of the purchase price over the fair value of the assets acquired and the liabilities assumed. If supplies of raw materials available to us are reduced, we may not be able to find enough supplemental supply sources on favorable terms, which could adversely affect our business and operating results. The market price of our common stock could decline significantly as a result of sales of a large number of shares of our common stock in the market following this initial offering.
Sponsor transaction costs iii. Our business is subject to quarterly fluctuations due to the timing of and demand for customer-driven promotional activities, which may have a disproportionate effect on our results of operations. Since capital spending is essential to maintaining our operational capabilities, we believe that it is a recurring and necessary use of cash.
We may be subject to significant liability should the consumption of any of our products cause or be claimed to cause illness or physical harm.
Additionally, we may be adversely affected if there are increases in demand for the specific raw materials we use in our products, there is a reduction in overall supply of our required raw materials or our suppliers raise their prices, stop selling to us or our third-party manufacturers or enter into arrangements that impair their abilities to provide us or our third-party manufacturers with raw materials.
If the Internal Revenue Service, or IRS, were to successfully challenge the tax benefits that give rise to any payments under the tax receivable agreement, our future payments under the tax receivable agreement to the former holders of units of Topco would be reduced by the amount of such payments, but the tax receivable agreement does not require the former holders of units of Topco to reimburse us for the amount of such payments to the extent they exceed any future amounts payable under the tax receivable agreement.
Our financial performance depends in large part on our ability to arrange for the purchase of raw materials in sufficient quantities at competitive prices. Initial Public Offering Price.
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Lemoyne and Otis Skinner, was too subtle for a popular audience, and was manifestly unfitted for the stage. Additionally, we face the risk of disruption to our production and sales processes if Assemblers is unable or unwilling to produce sufficient quantities of our products in a timely manner or renew contracts with us or suffers a natural disaster, fire, power interruption, work stoppage or other unanticipated catastrophic event.
If our brand or reputation is damaged, the attractive characteristics that we offer retailers may diminish, which could diminish the value of our platform. Our ability to compete effectively depends in part upon protection of our rights in trademarks, trade dress, copyrights cade other intellectual property rights we own or license. Accordingly, consumers may store our casee for long periods of time, which may adversely affect the quality of our products. We maintain product liability insurance in an amount that we believe to be adequate.
In the past, stockholders have instituted securities class action litigation following periods of market obertto.
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During economic downturns, it may be more difficult to convince consumers to switch to our brands or convince new users to choose our brands without expensive sampling programs and price promotions. In addition, we consistently evaluate our product lines to determine whether or not to discontinue certain products. In particular, the availability, quality and cost of our specific type of popcorn kernels and sunflower oil are subject to risks inherent to farming, such as crop size, quality and yield fluctuations caused by poor weather and growing conditions, pest and disease problems and other atudy beyond our control.
Total Distribution Points 1.
Table of Contents distribution of food products by us. If studh do not generate enough cash flow to pay our debt service obligations, we may be required to refinance all or part of our existing debt, sell our assets, borrow more money or raise equity. Actual outcomes or losses may differ materially from our current assessments and estimates.
In that event, the trading price obertk our common stock could decline, and you stuvy lose part or all of your investment. If we experience significant increased demand for our products, or need to replace an existing supplier, there can be no assurance that additional supplies of raw materials will be available sfudy required on acceptable terms, or at all, or that any supplier would allocate sufficient capacity to us in order to meet our requirements, fill our orders in a timely manner or meet our strict quality standards.
He was the most talkative: SkinnyPop also has the opportunity to grow by increasing its product range in stores where the brand already has some existing presence.
The pro forma information contained in this prospectus stuxy based on adjustments that our management believes are reasonable. While we do not anticipate extensive management needs, as we grow, we may add additional layers of management, process and bureaucracy into our governing structure. These laws and regulations and interpretations thereof may change, sometimes dramatically, as a result of a variety of factors, including political, economic or social events.
They had so long seen the public policy more or less directed by views of party, and often even of personal advantage, as to be ready to suspect the motives of a chief magistrate compelled, for the first time in our history, to feel himself the head and hand of a great nation, and to act upon the fundamental maxim, laid down by all publicists, that the first duty of a government is to defend and maintain its own existence.
Investors are cautioned not to place undue reliance on the Unaudited Financial Data. Table of Contents Our continued success depends to a large extent on our ability to innovate successfully and on a cost-effective basis.