Protective Life Corporation (NYSE: PL) today reported results
for the second quarter of 2009. Net income for the second quarter
of 2009 was $90.8 million, or $1.16 per average diluted share,
compared to net income of $38.2 million, or $0.53 per average
diluted share, in the second quarter of 2008. Operating income,
after-tax, for the second quarter of 2009 was $80.9 million, or
$1.03 per average diluted share, compared to $68.6 million, or
$0.96 per average diluted share, in the second quarter of 2008.
John D. Johns, Protective’s Chairman, President and Chief
Executive Officer commented:
“In a very challenging economic environment, we are pleased to
report a record level of net income in the quarter and a near
record level of operating income. Positive developments in the
quarter included: a significant improvement in book value per
share; favorable mortality; a significant reversal in fair value
accounting items; positive sales momentum in the Life Marketing,
Annuities and Asset Protection segments; a lower level of credit
impairments; low levels of delinquencies in our commercial real
estate mortgage portfolio; continued accelerated prepayment of our
non-agency residential mortgage-backed securities (“RMBS”); and a
significant improvement in our statutory capital ratio.
Our major challenges in the quarter included: the drag on
earnings resulting from carrying approximately $1.5 billion of
excess liquidity in our operating companies and continued downward
credit migration in our prime jumbo RMBS portfolio.
Notwithstanding the favorable developments we experienced in the
quarter and growing evidence that conditions in the credit markets
are improving, we expect to see challenging conditions in the
overall economy during the remainder of the year. For the balance
of the year, our focus will be on prudently investing excess
liquidity in higher yielding investments; taking advantage of
disruptions in the marketplace to recruit talent and expand the
depth and breadth of our distributor relationships, especially with
respect to our universal life and annuity product lines; sharpening
the focus of our risk management programs; and managing capital
deployment and credit exposures.”
Net income for the second quarter of 2009 included:
- Net realized investment gains,
after tax, of $9.9 million, or $0.13 per average diluted share,
compared to net realized investment losses, after tax, of $30.4
million, or $0.43 per average diluted share, in the second quarter
of 2008
- Pre-tax other-than-temporary
impairments of $41.0 million, or $0.34 per diluted share, are
included in the $0.13 per share of net realized investment gains in
the second quarter of 2009
Operating income for the second quarter of 2009 included $26.2
million of net positive items, on a pre-tax basis:
Positive Items:
- Positive fair value changes of
$22.6 million on a portfolio of securities designated for
trading
- Positive fair value changes of
$7.0 million in the Annuities segment
- Positive $3.9 million of
unlocking and Guaranteed Minimum Death Benefit (“GMDB”) reserve
changes in the Annuities segment
- Other income of $0.3 million
resulting from the early retirement of funding agreements in the
Stable Value Products segment
Negative Items:
- Life Marketing segment income
was reduced by $5.3 million for non-recurring reserve and
reinsurance adjustments
- Expenses of $2.3 million
associated with consolidation activity, including Life Marketing
segment expenses of $1.1 million, Asset Protection segment expenses
of $0.8 million and Corporate & Other segment expenses of $0.4
million
Business Segment Results
The table below sets forth business segment operating income
(loss) before income tax for the periods shown:
Operating Income (Loss) Before Income Tax ($ in thousands)
2Q2009 2Q2008 $
Chg % Chg Life Marketing $ 37,179 $ 38,127 $ (948 ) -2.5
% Acquisitions 35,041 34,514 527 1.5 % Annuities 21,495 9,487
12,008 126.6 % Stable Value Products 16,976 17,545 (569 ) -3.2 %
Asset Protection 4,656 6,664 (2,008 ) -30.1 % Corporate & Other
9,648 (2,093 ) 11,741 n/m
$ 124,995 $ 104,244 $ 20,751
19.9 %
In the Life Marketing and Asset Protection segments, pre-tax
operating income equals segment income before income tax for all
periods. In the Stable Value Products, Annuities, Acquisitions and
Corporate & Other segments, operating income (loss) excludes
realized investment gains (losses), periodic settlements on
derivatives, and related amortization of DAC and VOBA. A
reconciliation of operating income before income tax to income
before income tax is included below:
($ in thousands)
2Q2009 2Q2008
$ Chg % Chg Operating income before income
tax $ 124,995 $ 104,244 $
20,751 19.9 % Realized investment gains
(losses) Stable Value Products (400 ) 1,823 (2,223 ) n/m Annuities
925 1,095 (170 ) -15.5 % Acquisitions 11,409 (3,824 ) 15,233 n/m
Corporate & Other 3,510 (44,568 ) 48,078 n/m Less: Periodic
settlements on derivatives Corporate & Other 1,163 1,786 (623 )
-34.9 %
Related amortization of deferred
policy acquisition costs and value of businesses acquired
Annuities (670 ) 40 (710 ) n/m Acquisitions (272 )
(535 ) 263 -49.2 %
Income before income tax
$ 140,218 $ 57,479
$ 82,739 143.9 %
Income (loss) before income tax, unlike operating income (loss)
before income tax, does not exclude realized gains (losses), net of
the related amortization of DAC and VOBA, and participating income
from real estate ventures. Income before income tax for the
Acquisitions segment was $46.7 million for the second quarter of
2009 compared to $31.2 million for the second quarter of 2008.
Income before income tax for the Annuities segment was $23.1
million for the second quarter of 2009 compared to $10.5 million
for the second quarter of 2008. Income before income tax for the
Stable Value segment was $16.6 million for the second quarter of
2009 compared to $19.4 million for the second quarter of 2008.
Income before income tax for the Corporate & Other segment was
$12.0 million for the second quarter of 2009 compared to a loss
before income tax of $48.4 million for the second quarter of
2008.
Sales
The Company uses sales statistics to measure the relative
progress of its marketing efforts. The Company derives these
statistics from various sales tracking and administrative systems
and not from its financial reporting systems or financial
statements. These statistics measure only one of many factors that
may affect future business segments’ profitability, and therefore
are not intended to be predictive of future profitability.
The table below sets forth business segment sales for the
periods shown:
($ in millions)
2Q2009
2Q2008 $ Chg % Chg Life Marketing $ 39.7 $
41.1 $ (1.4 ) -3.4 % Annuities 609.7 552.2 57.5 10.4 % Stable Value
Products - 587.8 (587.8 ) n/m Asset Protection 76.2 119.6 (43.4 )
-36.3 %
Review of Business Segment Results
Life Marketing
Life Marketing segment pre-tax operating income was $37.2
million in the second quarter of 2009 compared to $38.1 million in
the second quarter of 2008. The decrease was primarily due to lower
investment income on the term insurance block, negative reserve and
reinsurance adjustments and higher operating expenses, primarily
due to our consolidation activity. These reductions to income were
offset by $9.9 million of favorable mortality in the current
quarter, or a $10.6 million more favorable impact to pre-tax
operating earnings, when compared to the second quarter of
2008.
Sales were $39.7 million in the second quarter of 2009, down
3.4% compared to $41.1 million in the second quarter of 2008. Term
insurance sales in the current quarter were $26.1 million compared
to $26.9 million in the prior year’s quarter. Universal life
insurance sales (including variable universal life) in the current
quarter were $13.6 million compared to $14.2 million in the second
quarter of 2008.
Acquisitions
Acquisitions segment pre-tax operating income was $35.0 million
in the second quarter of 2009 compared to $34.5 million in the
second quarter of 2008, primarily due to lower operating expenses
and improved mortality results of $2.6 million, partially offset by
expected runoff of the blocks of business.
Annuities
Annuities segment pre-tax operating income was $21.5 million in
the second quarter of 2009 compared to $9.5 million in the second
quarter of 2008. The current quarter included $7.0 million of
positive fair value changes, representing an increase of $5.3
million compared to the prior year’s quarter. The variance of $5.3
million compared to the prior year’s quarter includes a $7.0
million favorable variance on embedded derivatives associated with
the variable annuity guaranteed minimum withdrawal benefit (“GMWB”)
rider, partially offset by a $1.7 million unfavorable variance on
the equity indexed annuity product line. Positive unlocking and
GMDB reserve changes improved earnings by $3.9 million in the
current quarter. The segment experienced wider spreads and
continued growth in the SPDA and MVA lines during the second
quarter. Annuity account values were $9.3 billion as of June 30,
2009, an increase of 14.1% over the prior year. Net cash flows for
the segment remained positive during the quarter.
Sales in the second quarter of 2009 were $609.7 million compared
to $552.2 million in the second quarter of 2008. The increase was
primarily due to an increase in variable annuity sales resulting
from market dislocation and growth in our distribution channels.
Variable annuity sales were $177.3 million in the second quarter of
2009 compared to $115.4 million in the second quarter of 2008.
Fixed annuity sales were $432.4 million in the second quarter of
2009 compared to $436.8 million in the prior year’s quarter.
Stable Value
Products
Stable Value Products segment pre-tax operating income was $17.0
million in the second quarter of 2009 compared to $17.5 million in
the second quarter of 2008. The decrease was a result of a decline
in average account values, partially offset by higher operating
spreads. Included in the operating income during the second quarter
of 2009 was $0.3 million of other income resulting from the early
retirement of funding agreements. Excluding this $0.3 million
operating gain, the spread increased 23 basis points to 157 basis
points for the three months ended June 30, 2009, compared to the
prior year’s quarter. Deposit balances as of June 30, 2009 were
$4.1 billion.
There were no sales during the three months ended June 30, 2009
compared to $587.8 million in the previous year’s quarter.
Asset
Protection
Asset Protection segment pre-tax operating income was $4.7
million in the second quarter of 2009 compared to $6.7 million in
the second quarter of 2008. The decrease was primarily the result
of a $4.6 million decrease in service contract income due to
significantly lower sales volume and higher loss ratios. The
current quarter included $0.8 million of consolidation related
expenses.
Sales in the second quarter of 2009 were $76.2 million, down
$43.4 million, or 36.3%, compared to the second quarter of 2008,
driven by the negative impact in all product lines of lower volume
of automobile and marine units sold.
Corporate &
Other
This segment consists primarily of net investment income on
capital, interest expense on debt, various other items not
associated with the other segments and ancillary run-off lines of
business. Corporate & Other segment pre-tax operating income
was $9.6 million in the second quarter of 2009 compared to a $2.1
million loss in the second quarter of 2008. The improvement in the
current quarter was primarily due to mark-to-market adjustments on
a portfolio of securities designated for trading, with a market
value of approximately $328.2 million as of June 30, 2009. The
mark-to-market on this trading portfolio positively impacted income
by $22.6 million for the three months ended June 30, 2009, an $18.3
million more favorable impact than in the prior year’s quarter.
Offsetting this positive mark-to-market change was lower investment
income resulting from reduced yields on a large balance of cash and
short-term investments.
Investments
- Total cash and investments were
$27.9 billion as of June 30, 2009. This includes $2.0 billion of
cash and short-term investments.
- Our net unrealized loss position
was $1.8 billion, prior to tax and DAC offsets, and $1.0 billion,
after tax and DAC offsets.
- During the second quarter of
2009, we recorded $41.0 million of pre-tax credit related loss
other-than-temporary impairments. In addition, $7.9 million of
pre-tax non-credit related losses were recorded as a component of
other comprehensive income.
- Problem loans and foreclosed
properties represented 0.4% of our commercial mortgage loan
portfolio as of June 30, 2009.
Net Realized Investment/Derivative Activity ($
per average diluted share)
2Q 2009 2Q 2008
Impairments/Credit related losses $ (0.34 ) $ (0.73 ) Modco net
activity 0.07 0.05 Net realized gains (excl. Modco) 0.11 0.12
Interest rate related derivatives 0.23 0.04 Credit default swaps
0.06 0.12 All other - (0.03 )
Total
$ 0.13 $ (0.43 )
Operating income differs from the GAAP
measure, net income, in that it excludes realized investment gains
(losses) and related amortization. The tables below reconcile
operating income to net income:
Consolidated Results 2Q 2009 2Q
2008 ($ in thousands; net of income tax)
After-tax Operating Income $ 80,862 $ 68,581
Realized investment gains (losses)
and related amortization
Investments 83,051 (72,746 ) Derivatives (73,156 )
42,349
Net Income $ 90,757
$ 38,184
($ per average diluted share; net
of income tax)
2Q 2009 2Q 2008 After-tax Operating
Income $ 1.03 $ 0.96
Realized investment gains (losses)
and related amortization
Investments 1.06 (1.02 ) Derivatives (0.93 ) 0.59
Net Income $ 1.16 $
0.53
For information relating to non-GAAP
measures (operating income, share owners’ equity per share
excluding other comprehensive income (loss), operating return on
average equity, and net income (loss) return on average equity) in
this press release, please refer to the disclosure at the end of
this press release. All per share results used throughout this
press release are presented on a diluted basis, unless otherwise
noted.
Rolling Twelve Months Ended June 30,
2009 2008 Operating Income Return on
Average Equity 10.4 % 10.2 % Net Income (Loss) Return on
Average Equity (0.1 )% 8.3 %
Operating income return on average equity and net
income return on average equity are measures used by management
to evaluate the Company’s performance. Operating income return on
average equity for the twelve months ended June 30, 2009 was
calculated by dividing operating income for this period by the
average ending balance of share owners’ equity (excluding
accumulated other comprehensive income (loss)) for the five most
recent quarters. Net income(loss) return on average equity for the
twelve months ended June 30, 2009, was calculated by dividing net
income (loss) for this period by the average ending balance of
share owners’ equity (excluding accumulated other comprehensive
income (loss)) for the five most recent quarters.
Reconciliation of Share Owners' Equity, Excluding
Accumulated Other Comprehensive Income (Loss) ($ in thousands)
As of June 30, 2009 2008
Total share owners' equity $ 1,628,375 $ 2,081,742 Less:
Accumuluated other comprehensive income (loss) (1,031,719 )
(486,222 )
Total share owners' equity excluding
accumulated other comprehensive income (loss) $
2,660,094 $ 2,567,964
Reconciliation of Share Owners'
Equity per Share, Excluding Accumulated Other Comprehensive Income
(Loss) per Share
($ per common share oustanding)
As of
June 30, 2009 2008 Total share owners' equity
$ 19.03 $ 29.80 Less: Accumuluated other comprehensive income
(loss) (12.05 ) (6.96 )
Total share owners' equity
excluding accumulated other comprehensive income (loss)
$ 31.08 $ 36.76
2009 Guidance
Due to current market conditions and the potential impact of
fair value accounting on reported results, Protective will not
provide 2009 earnings guidance, but will discuss the outlook for
the remainder of the year during its second quarter 2009 earnings
call as scheduled below.
Conference Call
There will be a conference call for management to discuss the
quarterly results with analysts and professional investors on
August 5, 2009 at 9:00 a.m. Eastern. Analysts and professional
investors may access this call by dialing 1-800-299-7089
(international callers 1-617-801-9714) and entering the conference
passcode: 54845207. A recording of the call will be available from
12:00 p.m. Eastern August 5, 2009 until midnight August 19, 2009.
The recording may be accessed by calling 1-888-286-8010
(international callers 1-617-801-6888) and entering the passcode:
10651887.
The public may access a live webcast of the call, along with a
call presentation, on the Company’s website at www.protective.com
in the Analyst/Investor section. A recording of the webcast will
also be available from 12:00 p.m. Eastern August 5, 2009 until
midnight August 19, 2009.
Supplemental financial information is also available on the
Company’s website at www.protective.com in the Analyst/Investor
section under Financial Information/Quarterly & Other
Reports.
Information Relating to Non-GAAP Measures
Throughout this press release, GAAP refers to accounting
principles generally accepted in the United States of America.
Consolidated and segment operating income (loss) are defined
as income (loss) before income tax excluding net realized
investment gains (losses) net of the related amortization of
deferred policy acquisition costs (“DAC”),and value of businesses
acquired (“VOBA”), and participating income from real estate
ventures. Periodic settlements of derivatives associated with
corporate debt and certain investments and annuity products are
included in realized gains (losses) but are considered part of
consolidated and segment operating income because the derivatives
are used to mitigate risk in items affecting consolidated and
segment operating income (loss). Management believes that
consolidated and segment operating income (loss) provides relevant
and useful information to investors, as it represents the basis on
which the performance of the Company’s business is internally
assessed. Although the items excluded from consolidated and segment
operating income (loss) may be significant components in
understanding and assessing the Company’s overall financial
performance, management believes that consolidated and segment
operating income (loss) enhances an investor’s understanding of the
Company’s results of operations by highlighting the income (loss)
attributable to the normal, recurring operations of the Company’s
business. As prescribed by GAAP, certain investments are recorded
at their market values with the resulting unrealized gains (losses)
affected by a related adjustment to DAC and VOBA, net of income
tax, reported as a component of share owners’ equity. The market
values of fixed maturities increase or decrease as interest rates
change. The Company believes that an insurance company’s share
owners’ equity per share may be difficult to analyze without
disclosing the effects of recording accumulated other comprehensive
income (loss), including unrealized gains (losses) on
investments.
Calculation of Operating Income
Return on Average Equity
Rolling Twelve Months Ended
June 30, 2009
$ in thousands
Twelve Three Months Ended Months
Ended NUMERATOR: 9/30/2008 12/31/2008
3/31/2009 6/30/2009 6/30/2009 Net
Income (Loss) $ (100,008 ) $ (15,913 ) $ 22,135 $ 90,757 $
(3,029 ) Net of:
Realized investment gains
(losses), net of income tax
Investments (228,215 ) (60,407 ) (85,585 ) 82,439 (291,768 )
Derivatives 66,543 (10,574 ) 47,675 (72,400 ) 31,244
Related amortization of DAC and
VOBA, net of income tax
457 (632 ) (51 ) 612 386 Add back:
Derivative gains related to Corp.
debt and investments, net of income tax
1,245 1,020 1,455
756 4,476
Operating Income $
62,452 $ 56,720 $ 61,551 $ 80,862
$ 261,585 Share-Owners'
Accumulated Equity Excluding Other
Accumulated Other Share-Owners' Comprehensive
Comprehensive DENOMINATOR: Equity Income
(Loss) Income (Loss) June 30, 2008 $ 2,081,742 $
(486,222 ) $ 2,567,964 September 30, 2008 1,524,655 (928,205 )
2,452,860 December 31, 2008 761,095 (1,667,056 ) 2,428,151 March
31, 2009 783,178 (1,660,204 ) 2,443,382 June 30, 2009 1,628,375
(1,031,719 ) 2,660,094 Total $ 12,552,451
Average
$ 2,510,490
Operating Income Return on Average Equity 10.4
%
Calculation of Net Income
(Loss) Return on Average Equity
Rolling Twelve Months Ended
June 30, 2009
$ in thousands
Twelve Three Months Ended Months
Ended NUMERATOR: 9/30/2008 12/31/2008
3/31/2009 6/30/2009 6/30/2009 Net
Income (Loss) $ (100,008 ) $ (15,913 ) $ 22,135 $ 90,757
$ (3,029 )
Share-Owners' Accumulated
Equity Excluding Other Accumulated Other
Share-Owners' Comprehensive Comprehensive
DENOMINATOR: Equity Income (Loss) Income
(Loss) June 30, 2008 $ 2,081,742 $ (486,222 ) $
2,567,964 September 30, 2008 1,524,655 (928,205 ) 2,452,860
December 31, 2008 761,095 (1,667,056 ) 2,428,151 March 31, 2009
783,178 (1,660,204 ) 2,443,382 June 30, 2009 1,628,375 (1,031,719 )
2,660,094 Total $ 12,552,451
Average
$ 2,510,490 Net Income
(Loss) Return on Average Equity -0.1 %
Forward-Looking Statements
This release and the supplemental financial information provided
includes “forward-looking statements” which express expectations of
future events and/or results. All statements based on future
expectations rather than on historical facts are forward-looking
statements that involve a number of risks and uncertainties, and
the Company cannot give assurance that such statements will prove
to be correct. The factors which could affect the Company’s future
results include, but are not limited to, general economic
conditions and the following known risks and uncertainties: the
Company is exposed to the risks of natural disasters, pandemics,
malicious and terrorist acts that could adversely affect the
Company’s operations; the Company operates in a mature, highly
competitive industry, which could limit its ability to gain or
maintain its position in the industry and negatively affect
profitability; a ratings downgrade or other negative action by a
ratings organization could adversely affect the Company; the
Company’s policy claims fluctuate from period to period resulting
in earnings volatility; the Company’s results may be negatively
affected should actual experience differ from management’s
assumptions and estimates which by their nature are imprecise and
subject to changes and revision over time; the use of reinsurance,
and any change in the magnitude of reinsurance, introduces
variability in the Company’s statements of income; the Company
could be forced to sell investments at a loss to cover policyholder
withdrawals; interest rate fluctuations could negatively affect the
Company’s spread income or otherwise impact its business,
including, but not limited to, the volume of sales, the
profitability of products, investment performance, and asset
liability management; equity market volatility could negatively
impact the Company’s business, particularly with respect to the
Company’s variable products, including an increase in the rate of
amortization of DAC and estimated cost of providing minimum death
benefit and minimum withdrawal benefit guarantees relating to the
variable products; insurance companies are highly regulated and
subject to numerous legal restrictions and regulations, including,
but not limited to, restrictions relating to premium rates, reserve
requirements, marketing practices, advertising, privacy, policy
forms, reinsurance reserve requirements, acquisitions, and capital
adequacy, and the Company cannot predict whether or when regulatory
actions may be taken that could adversely affect the Company or its
operations; changes to tax law or interpretations of existing tax
law could adversely affect the Company, including, but not limited
to, the demand for and profitability of its insurance products and
the Company’s ability to compete with non-insurance products; the
Company may be required to establish a valuation allowance against
its deferred tax assets, which could materially adversely affect
the Company’s results of operations, financial condition and
capital position; financial services companies are frequently the
targets of litigation, including, but not limited to, class action
litigation, which could result in substantial judgments, and the
Company, like other financial services companies, in the ordinary
course of business is involved in litigation and arbitration;
publicly held companies in general and the financial services
industry in particular are sometimes the target of law enforcement
investigations and the focus of increased regulatory scrutiny; the
Company’s ability to maintain competitive unit costs is dependent
upon the level of new sales and persistency of existing business,
and a change in persistency may result in higher claims and/or
higher or more rapid amortization of deferred policy acquisition
costs and thus higher unit costs and lower reported earnings; the
Company’s investments, including, but not limited to, the Company’s
invested assets, derivative financial instruments and commercial
mortgage loan portfolio, are subject to market, credit, and
regulatory risks, and these risks could be heightened during
periods of extreme volatility or disruption in financial and credit
markets; the Company may not realize its anticipated financial
results from its acquisitions strategy, which is dependent on
factors such as the availability of suitable acquisitions, the
availability of capital to fund acquisitions and the realization of
assumptions relating to the acquisition; the Company may not be
able to achieve the expected results from its recent acquisition;
the Company is dependent on the performance of others, including,
but not limited to, distributors, third-party administrators, fund
managers, reinsurers and other service providers, and, as with all
financial services companies, its ability to conduct business is
dependent upon consumer confidence in the industry and its
products; the Company’s reinsurers could fail to meet assumed
obligations, increase rates, or be subject to adverse developments
that could affect the Company, and the Company’s ability to compete
is dependent on the availability of reinsurance, which has become
more costly and less available in recent years, or other substitute
capital market solutions; the success of the Company’s captive
reinsurance program and related marketing efforts is dependent on a
number of factors outside the control of the Company, including,
but not limited to, continued access to capital markets, a
favorable regulatory environment, and the overall tax position of
the Company; computer viruses or network security breaches could
affect the data processing systems of the Company or its business
partners, and could damage the Company’s business and adversely
affect its financial condition and results of operations; the
Company’s ability to grow depends in large part upon the continued
availability of capital, which has been negatively impacted by
regulatory action and the volatility and disruption in the capital
and credit markets, and may be negatively impacted in the future by
an increase in guaranteed minimum death and withdrawal benefit
related policy liabilities in variable products resulting from
negative performance in the equity markets, and future marketing
plans are dependent on access to the capital markets through
securitization; and new GAAP and statutory accounting rules or
changes to existing GAAP and statutory accounting rules could
negatively impact the Company; the Company’s risk management
policies and procedures may leave it exposed to unidentified or
unanticipated risk, which could negatively affect our business or
result in losses; capital and credit market volatility or
disruption could adversely impact the Company’s financial condition
or results from operations in several ways, including but not
limited to the following: causing market price and cash flow
variability in the Company’s fixed income portfolio, defaults on
principal or interest payments by issuers of the Company’s fixed
income investments, other than temporary impairments of the
Company’s fixed income investments; adversely impacting the
Company’s ability to efficiently access the capital markets to
finance its reserve, capital and liquidity needs; difficult
conditions in the economy generally, including severe or extended
economic recession, could adversely affect the Company’s business
and results from operations; and there can be no assurance that the
actions of the U.S. Government or other governmental and regulatory
bodies for the purpose of stabilizing the financial markets will
achieve their intended effect; the Company may not be able to
protect its intellectual property and may be subject to
infringement claims; the Company could be adversely affected by an
inability to access its credit facility; the amount of statutory
capital the Company has and must hold to maintain its financial
strength and credit ratings and meet other requirements can vary
significantly and is sensitive to a number of factors; the Company
operates as a holding company and depends on the ability of its
subsidiaries to transfer funds to it to meet its obligations and to
pay dividends. Please refer to Part I, Item 1A, Risk Factors and
Cautionary Factors that may Affect Future Results of the Company’s
most recent Form 10-K and Part II, Item 1A, Risk Factors, of the
Company’s most recent Form 10-Q for more information about these
factors.
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