Item 9.01
|
Financial Statements and Exhibits
|
(d)
Exhibit
|
|
|
Exhibit
No.
|
|
Description
|
|
|
99.1
|
|
Press release issued by Eastman Kodak Company on November 12, 2012 announcing Junior Debtor-in-Possession Financing.
|
CAUTIONARY STATEMENT PURSUANT TO SAFE HARBOR PROVISIONS OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF
1995
This report on Form 8-K, including the exhibits attached hereto, includes forward-looking statements as
that term is defined under the Private Securities Litigation Reform Act of 1995. Forward-looking statements include statements concerning the Companys plans, objectives, goals, strategies, future events, future revenue or performance, capital
expenditures, liquidity, financing needs, business trends, and other information that is not historical information. When used in this report on Form 8-K, including the exhibits attached hereto, the words estimates, expects,
anticipates, projects, plans, intends, believes, predicts, forecasts, or future or conditional verbs, such as will, should,
could, or may, and variations of such words or similar expressions are intended to identify forward-looking statements. All forward-looking statements, including, without limitation, managements examination of
historical operating trends and data, are based upon the Companys expectations and various assumptions. Future events or results may differ from those anticipated or expressed in these forward-looking statements. Important factors that could
cause actual events or results to differ materially from these forward-looking statements include, among others, the risks and uncertainties described in more detail in the Companys most recent Annual Report on Form 10-K for the year ended
December 31, 2011, Quarterly Reports on Form 10-Q for the quarters ended March 31, 2012, June 30, 2012 and September 30, 2012, under the headings Business, Risk Factors, and Managements
Discussion and Analysis of Financial Condition and Results of OperationsLiquidity and Capital Resources, and those described in filings made by the Company with the U.S. Bankruptcy Court for the Southern District of New York and in other
filings the Company makes with the SEC from time to time, as well as the following: the Companys ability to successfully emerge from Chapter 11 as a profitable sustainable company; the ability of the Company and its subsidiaries to
develop, secure approval of and consummate one or more plans of reorganization with respect to the Chapter 11 cases; the Companys ability to improve its operating structure, financial results and profitability; the ability of the Company to
achieve cash forecasts, financial projections, and projected growth; our ability to raise sufficient proceeds from the sale of businesses and non-core assets; the businesses the Company expects to emerge from Chapter 11; the ability of the company
to discontinue certain businesses or operations; the ability of the Company to continue as a going concern; the Companys ability to comply with the Earnings Before Interest, Taxes, Depreciation and Amortization (EBITDA) covenants in its
Debtor-in-Possession Credit Agreement; our ability to obtain additional financing; the potential adverse effects of the Chapter 11 proceedings on the Companys liquidity, results of operations, brand or business prospects; the monetization of
our digital imaging patent portfolio; the outcome of our intellectual property patent litigation matters; the Companys ability to generate or raise cash and maintain a cash balance sufficient to service its debt and financing arrangements and
to fund continued investments, capital needs, restructuring payments and service its debt; our ability to fairly resolve legacy liabilities; the resolution of claims against the company; our ability to retain key executives, managers and employees;
our ability to maintain product reliability and quality and growth in relevant markets; our ability to effectively anticipate technology trends and develop and market new products, solutions and technologies; and the impact of the global economic
environment on the Company. There may be
other factors that may cause the Companys actual results to differ materially from the forward-looking statements. All forward-looking statements attributable to the Company or persons
acting on its behalf apply only as of the date of this report on Form 8-K, including the exhibits attached hereto, and are expressly qualified in their entirety by the cautionary statements included in this report. The Company undertakes no
obligation to update or revise forward-looking statements to reflect events or circumstances that arise after the date made or to reflect the occurrence of unanticipated events.