FORWARD-LOOKING STATEMENTS
This Current Report on Form 8-K and the exhibits hereto contain
statements that are not historical information and are
“forward-looking statements” within the meaning of the Private
Securities Litigation Reform Act of 1995. Forward-looking
statements give current expectations or forecasts of future events
and are not guarantees of future performance. These forward-looking
statements include, but are not limited to, projections, statements
regarding the Company’s expected future performance (including
expected results of operations), future financial condition,
anticipated operating results, strategy plans, future liquidity and
financial position.
Statements can generally be identified as forward looking because
they include words such as “believes,” “anticipates,” “expects,”
“intends,” “plans,” “will,” “estimates,” “potential,” “target,”
“predict,” “project,” “seek,” and variations thereof or “could,”
“should” or words of similar meaning. Statements that describe the
Company’s future plans, objectives or goals are also
forward-looking statements, which reflect the current views of the
Company with respect to future events and are subject to
assumptions, risks and uncertainties that could cause actual
results to differ materially. Although the Company believes that
these forward-looking statements are based upon reasonable
assumptions regarding, among other things, the economy, its
knowledge of its business, and key performance indicators that
impact the Company, these forward-looking statements involve risks,
uncertainties and other factors that may cause actual results to
differ materially from those expressed in or implied by the
forward-looking statements. The factors that may affect the
Company’s results include, among others, the participation by the
Company’s lenders and noteholders in the Restructuring
Transactions, the ability to negotiate and execute definitive
documentation with respect to the Restructuring Transactions, the
receipt of consents required to consummate the Restructuring
Transactions, satisfaction of any conditions in any such
documentation, the availability of alternative transactions, the
impact of publicity surrounding negotiations related to the
Restructuring Support Agreement and related matters, risks and
uncertainties relating to the Chapter 11 Cases and Dutch Scheme
Proceedings, including but not limited to, the Company’s ability to
obtain U.S. Bankruptcy Court approval with respect to motions in
the Chapter 11 Cases and Dutch Court approval with respect to
motions in the Dutch Scheme Proceedings, the effects of the Chapter
11 Cases and the Dutch Scheme Proceedings on the Company and on the
interests of various constituents, U.S. Bankruptcy Court rulings in
the Chapter 11 Cases and the outcome of the Chapter 11 Cases in
general, Dutch Court rulings in the Dutch Scheme Proceedings and
the outcome of the Dutch Scheme Proceedings in general, the length
of time the Company will operate under the Chapter 11 Cases and
Dutch Scheme Proceedings, risks associated with any third-party
motions in the Chapter 11 Cases and Dutch Scheme Proceedings, the
potential adverse effects of the Chapter 11 Cases and Dutch Scheme
Proceedings on the Company’s liquidity or results of operations and
increased legal and other professional costs necessary to execute
the Company’s reorganization; finalization and receipt of the DIP
Facility, the conditions to which the Company’s DIP Facility is
subject and the risk that these conditions may not be satisfied for
various reasons, including for reasons outside of the Company’s
control; whether the Company will emerge, in whole or in part, from
Chapter 11 Cases and Dutch Scheme Proceedings as a going concern;
the consequences of the acceleration of the Company’s debt
obligations; the trading price and volatility of the Company’s
common stock, and the ability of the Company to remain listed on
the New York Stock Exchange, trading price and volatility of the
Company’s indebtedness and other claims, and other factors included
in the Company’s filings with the SEC, including its Annual Report
on Form 10-K for the year
ended December 31, 2022 and in other documents the Company
files with the SEC.
Except to the extent required by applicable law or regulation, the
Company undertakes no obligation to update these forward-looking
statements to reflect future events or circumstances or to reflect
the occurrence of unanticipated events. You should consider these
factors carefully in evaluating forward-looking statements and are
cautioned not to place undue reliance on such statements.