1 unchanged sentence
Risks Related to Our Business
−Removed: Failure to introduce successful new solutions and services in a timely manner to address increased competition, rapid technological changes, and changing industry standards could result in our solutions and services becoming obsolete.
−Removed: We generally sell our solutions in industries that are characterized by increased competition through frequent new solution and service introductions, rapid technological changes and changing industry standards.
−Removed: In addition, many of the markets in which we operate are seasonal and cyclical.
−Removed: Without the timely introduction of new solutions, services and enhancements, our solutions and services will become technologically obsolete over time, in which case our revenue and operating results would suffer.
−Removed: Our ability to offer new solutions and services and to deploy them in a timely manner depend on several factors, including but not limited to our ability to:
−Removed: properly identify customer needs;
−Removed: innovate and develop new technologies, services and applications;
−Removed: successfully commercialize new technologies in a timely manner;
−Removed: manufacture and deliver our solutions in sufficient volumes and on time;
−Removed: differentiate our offerings from our competitors' offerings;
−Removed: price our solutions competitively;
−Removed: anticipate our competitors' development of new solutions, services or technological innovations;
−Removed: control product quality in our manufacturing process.
−Removed: Our future operating results may fluctuate significantly if our investments in innovative technologies are not as profitable as we anticipate.
−Removed: On a regular basis, we review the existing technologies available in the market and identify strategic new technologies to develop and invest in.
−Removed: We are currently devoting significant resources to the 5G technology and other new technologies in the automotive, battery, Internet of Things, and mobile industries.
−Removed: We are investing in R&D, developing relationships with customers and suppliers, and re-directing our corporate and operational resources to grow within these innovative technologies.
−Removed: Our income could be harmed if we fail to gain sufficient market share, if demand for our solutions is lower than we expect, or if our income related to the innovative technologies is lower than we anticipate.
−Removed: For example, when the 5G standards are published, we may not be able to produce a satisfactory return on investment if our strategic vision and the resources that we are spending on developing our presence in the 5G technology industry turn out to be misaligned with such standards.
−Removed: We provide solutions for the design, development, and manufacturing stages of our customers’ workflow.
−Removed: Our customers who currently use our solutions in one stage of their workflow may not use our solutions in other aspects of their manufacturing process.
+Added: Global health crises, such as the COVID-19 pandemic, could have a material impact on our global operations and the operations of our supply chain, customers and vendors, which could adversely impact our business results and financial condition.
+Added: In March 2020, the World Health Organization declared COVID-19 a global pandemic.
+Added: In response to the rapid global spread of the virus, national, state, and local governments issued orders and recommendations to attempt to reduce the further spread of the disease.
+Added: Such orders included movement control and shelter-in-place orders, travel restrictions, limitations on public gatherings, school closures, social distancing requirements and the closure of all but critical and essential services and infrastructure.
+Added: In response to these measures and to protect the health and safety of our employees, we temporarily closed our facilities globally and asked all employees who can work from home to do so for the foreseeable future, made substantial changes to employee travel policies, and canceled training and marketing events or moved them to a virtual format.
+Added: As a supplier to some critical and essential businesses, we have restarted on-site operations using only employees who are not able to work effectively from home and where doing so is in compliance with local regulations and our COVID-19 safety procedures.
+Added: Our customers, suppliers and vendors are all subject to these restrictions and orders and are similarly impacted.
+Added: Fluctuation in infection rates in the regions in which we operate has resulted in periodic changes in restrictions that vary from region to region and require vigilant attention and rapid response to new or reinstated restrictions.
+Added: The uncertain duration and severity of the pandemic, as well as periodic spikes in infection rates, local outbreaks of the virus or potential outbreaks on our sites or supplier, customer or vendor sites, in spite of safety measures, could cause further shutdowns of our operations or those of our suppliers, customers or vendors.
+Added: Any outbreaks causing renewed implementation or extension of existing government orders could also impact the availability of our employees or other workers.
+Added: As more is understood about the virus and how it is spread, new health orders and safety protocols could further impact our on site operations.
+Added: Adverse impact to our suppliers could adversely impact our ability to procure components and materials, causing an inability to manufacture products or solutions.
+Added: Customers could reduce spending, causing reduced demand for products and solutions, delayed or canceled orders, and inability to pay for products and solutions.
+Added: Lack of employee availability due to shutdowns caused by government orders, illness, or quarantine requirements could further impact our ability to manufacture, ship or deliver products and solutions to customers.
+Added: Continued implementation of measures to reduce the spread of the virus may impact our ability to collaborate globally with customers, suppliers, and internal colleagues.
+Added: Continued uncertainty and market volatility could result in a national or global recession, which could create additional market and global financial instability.
+Added: These factors could materially and negatively impact our business results, operations, revenue, growth and overall financial condition.
Uncertainty in general economic conditions may adversely affect our operating results and financial condition.
Our business is sensitive to negative changes in general economic conditions, both inside and outside the United States.
−Removed: Global and regional economic uncertainty or depression may impact our business, resulting in:
+Added: Global and regional economic uncertainty, recession, or depression may impact our business, resulting in:
reduced demand for our solutions, delays in the shipment of orders or increases in order cancellations;
−Removed: increased risk of excess and obsolete inventories;
+Added: increased risk of excess and obsolete inventory;
increased price pressure for our solutions and services;
greater risk of impairment to the value, and a detriment to the liquidity, of our future investment portfolio.
−Removed: In addition, global and regional macroeconomic developments, such as increased unemployment, decreased income, reduced access to credit, volatility in capital markets, decreased liquidity, uncertain or destabilizing national election results in the U.S., Europe, and Asia, and negative changes or volatility in general economic conditions in the U.S., Europe, and Asia could negatively affect our ability to conduct business in those territories.
−Removed: Financial difficulties experienced by our suppliers and customers, including distributors, due to economic volatility or negative changes could result in product delays and inventory issues.
+Added: In addition, global and regional macroeconomic developments, such as increased unemployment, decreased income, uncertainty related to future economic activity, reduced access to credit, volatility in capital markets, decreased liquidity, uncertain or destabilizing national election results in the U.S., Europe, and Asia, and negative changes or volatility in general economic conditions in the U.S., Europe, and Asia could negatively affect our ability to conduct business in those territories.
+Added: Financial difficulties experienced by our suppliers and customers, including distributors, due to economic volatility or negative changes could result in product delays, delays in payment or inability to pay us, and inventory issues.
Economic risks related to accounts receivable could result in delays in collection and greater bad debt expense.
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Visibility into our markets is limited.
−Removed: Our quarterly sales and operating results are highly dependent on the volume and timing of technology-related spending and orders received during the fiscal quarter, which are difficult to forecast and may be cancelled by our customers.
+Added: Our quarterly sales and operating results are highly dependent on the volume and timing of technology-related spending and orders received during the fiscal quarter, which are difficult to forecast and may be cancelled
+Added: by our customers.
In addition, our revenues and earnings forecasts for future fiscal quarters are often based on the expected seasonality or cyclicality of our markets.
−Removed: However, the markets we serve do not always experience the seasonality or cyclicality that we expect.
+Added: However, due to the uncertainties and negative economic environment created by the current global pandemic, the markets we serve may experience increased volatility and may not experience the seasonality or cyclicality that we expect.
Any decline in our customers' markets would likely result in a reduction in demand for our solutions and services.
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Since a significant portion of our operating expenses is relatively fixed in nature due to sales, R&D and manufacturing costs, if we were unable to respond quickly enough, these pricing pressures could further reduce our operating margins.
−Removed: Failure to adjust our purchases due to changing market conditions or failure to estimate our customers' demand could adversely affect our income.
−Removed: Our income could be harmed if we are unable to adjust our purchases to market fluctuations, including those caused by the seasonal or cyclical nature of the markets in which we operate.
−Removed: The sale of our solutions and services are dependent, to a large degree, on customers whose industries are subject to seasonal or cyclical trends in the demand for their products.
−Removed: For example, the consumer electronics market is particularly volatile, making demand difficult to anticipate.
−Removed: During a market upturn, we may not be able to purchase sufficient supplies or components to meet increasing product demand, which could materially affect our results.
−Removed: In the past, we have seen a shortage of parts for some of our products.
−Removed: In addition, some of the parts that require custom design are not readily available from alternate suppliers due to their unique design or the length of time necessary for design work.
−Removed: Should a supplier cease manufacturing such a component, we would be forced to re-engineer our solution.
−Removed: In addition to discontinuing parts, suppliers may also extend lead times, limit supplies or increase prices due to capacity constraints or other factors.
−Removed: In order to secure components for the production of products, we may continue to enter into non-cancellable purchase commitments with vendors, or at times make advance payments to suppliers, which could impact our ability to adjust our inventory to declining market demands.
−Removed: Prior commitments of this type have resulted in an excess of parts when demand for electronic products has decreased.
−Removed: If demand for our solutions is less than we expect, we may experience additional excess and obsolete inventories and be forced to incur additional charges.
Economic and political policies favoring national interests could adversely affect our results of operations.
−Removed: Nationalistic economic policies and political trends in the United States, the United Kingdom, the European Union, Singapore, Malaysia and China among other countries, such as opposition to globalization and free trade, sanctions or trade restrictions, withdrawal from or re-negotiation of global trade agreements, tax policies that favor domestic industries and interests, the anticipated exit of the United Kingdom from the European Union (known as Brexit), the distancing or potential exit of other countries from the European Union, and other similar actions may result in increased transaction costs, reduced ability to hire employees, reduced access to supplies and materials, reduced demand or access to customers in international markets, and inability to conduct our operations as they have been conducted historically.
+Added: Nationalistic economic policies and political trends in the United States, the United Kingdom, the European Union, Singapore, Malaysia and China among other countries, such as opposition to globalization and free trade, sanctions or trade restrictions, withdrawal from or re-negotiation of global trade agreements, tax policies that favor domestic industries and interests, the exit of the United Kingdom from the European Union (known as Brexit), the distancing or potential exit of other countries from the European Union, and other similar actions may result in increased transaction costs, reduced ability to hire employees, reduced access to supplies and materials, reduced demand or access to customers in international markets, and inability to conduct our operations as they have been conducted historically.
Each of these factors may adversely affect our business.
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Their ability to supply materials to us, buy products or services from us, or otherwise work with us is affected by their ability to do business in China.
−Removed: If the U.S.’s relationship with China deteriorates or results in trade disputes, trade protection measures, retaliatory actions, tariffs and increased barriers, policies that favor domestic industries, or increased import or export licensing requirements or restrictions, then our deployment of resources in jurisdictions affected by such measures could be misaligned and our operations may be adversely affected due to such changes in the economic and political ecosystem in which our suppliers, vendors, customers, partners, and other entities with whom we do business operate.
+Added: The deterioration of the U.S.’s relationship with China could result in additional trade disputes, trade protection measures, retaliatory actions, tariffs and increased barriers, policies that favor domestic industries, or increased import or export licensing requirements or restrictions, then our deployment of resources in jurisdictions affected by such measures could be misaligned and our operations may be adversely affected due to such changes in the economic and political ecosystem in which our suppliers, vendors, customers, partners, and other entities with whom we do business operate.
A decreased demand for our customers’ products or trade restrictions could adversely affect our results of operations.
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In the event that a customer or supplier of ours becomes subject to such sanctions, we will suspend our business with such customer or supplier.
−Removed: Because of the increasingly tense political and economic relationship between the United States and China, such sanctions could be imposed with little notice, which could leave us without an adequate alternative solution to compensate for our inability to continue to do business with such customer or supplier.
+Added: Because of the increasingly tense political and economic relationship between the United States and China, new sanctions could be imposed with little notice, which could leave us without an adequate alternative solution to compensate for our inability to continue to do business with such customer or supplier.
Some of our suppliers and customers in the supply chain are working on unique solutions and products in the market, and it may be difficult if not impossible to replace them, especially with short notice.
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However, there can be no assurances that our international sales will continue at existing levels or grow in accordance with our effort to increase foreign market penetration.
−Removed: In addition, many of our employees, contract manufacturers, suppliers, job functions and manufacturing facilities are located outside the United States.
+Added: In addition, many of our employees, contract manufacturers, suppliers, job functions and manufacturing
+Added: facilities are located outside the United States.
Accordingly, our future results could be harmed by a variety of factors, including but not limited to:
+Added: negative impact of a country’s response to the global COVID-19 pandemic or an imposed reduction in economic activity and other economic and political measures taken to contain the spread of COVID-19;
changes in a specific country's or region's political, economic or other conditions, including but not limited to changes that favor national interests and economic volatility;
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Further, even if we are able to successfully manage the risks of international operations, our business may be adversely affected if our business partners are not able to successfully manage similar risks.
+Added: Failure to introduce successful new solutions and services in a timely manner to address increased competition, rapid technological changes, and changing industry standards could result in our solutions and services becoming obsolete.
+Added: We generally sell our solutions in industries that are characterized by increased competition through frequent new solution and service introductions, rapid technological changes and changing industry standards.
+Added: In addition, many of the markets in which we operate are seasonal and cyclical.
+Added: Without the timely introduction of new solutions, services and enhancements, our solutions and services will become technologically obsolete over time, in which case our revenue and operating results would suffer.
+Added: Our ability to offer new solutions and services and to deploy them in a timely manner depend on several factors, including but not limited to our ability to:
+Added: properly identify customer needs;
+Added: innovate and develop new technologies, services and applications;
+Added: successfully commercialize new technologies in a timely manner;
+Added: manufacture and deliver our solutions in sufficient volumes and on time;
+Added: differentiate our offerings from our competitors' offerings;
+Added: price our solutions competitively;
+Added: anticipate our competitors' development of new solutions, services or technological innovations;
+Added: control product quality in our manufacturing process.
+Added: The COVID-19 global pandemic could impact our ability to execute on these dependencies.
+Added: It may be difficult to differentiate ourselves from our competitors due to limited travel and access to customers, which could make it difficult to properly assess customer needs, and interruptions in manufacturing and delivery of solutions.
+Added: Our future operating results may fluctuate significantly if our investments in innovative technologies are not as profitable as we anticipate.
+Added: On a regular basis, we review the existing technologies available in the market and identify strategic new technologies to develop and invest in.
+Added: We are currently devoting significant resources to the 5G technology and other new technologies in the automotive, battery, Internet of Things, and mobile industries.
+Added: We are investing in R&D, developing relationships with customers and suppliers, and re-directing our corporate and operational resources to grow within these innovative technologies.
+Added: Our income could be harmed if we fail to gain sufficient market share, if demand for our solutions is lower than we expect, or if our income related to the innovative technologies is lower than we anticipate.
+Added: For example, when the 5G standards are published, we may not be able to produce a satisfactory return on investment if our strategic vision and the resources that we are spending on developing our presence in the 5G technology industry turn out to be misaligned with such standards.
+Added: We provide solutions for the design, development, and manufacturing stages of our customers’ workflow.
+Added: Our customers who currently use our solutions in one stage of their workflow may not use our solutions in other aspects of their manufacturing process.
+Added: Failure to adjust our purchases due to changing market conditions or failure to estimate our customers' demand could adversely affect our income.
+Added: Our income could be harmed if we are unable to adjust our purchases to market fluctuations, including those caused by the seasonal or cyclical nature of the markets in which we operate.
+Added: The sale of our solutions and services are dependent, to a large degree, on customers whose industries are subject to seasonal or cyclical trends in the demand for their products.
+Added: For example, the consumer electronics market is particularly volatile, making demand difficult to anticipate.
+Added: Making such estimations in the current economic climate affected by the global pandemic is particularly difficult as increased volatility may impact seasonal trends making it more difficult to anticipate demand fluctuations.
+Added: During a market upturn, we may not be able to purchase sufficient supplies or components to meet increasing product demand, which could materially affect our results.
+Added: In the past, we have seen a shortage of parts for some of our products.
+Added: In addition, some of the parts that require custom design are not readily available from alternate suppliers due to their unique design or the length of time necessary for design work.
+Added: Should a supplier cease manufacturing such a component, we would be forced to re-engineer our solution.
+Added: In addition to discontinuing parts, suppliers may also extend lead times, limit supplies or increase prices due to capacity constraints or other factors.
+Added: The COVID-19 pandemic may further exacerbate these risks as suppliers are impacted by surging infection rates, possible shutdown orders or new safety restrictions.
+Added: In order to secure components for the production of products, we may continue to enter into non-cancellable purchase commitments with vendors, or at times make advance payments to suppliers, which could impact our ability to adjust our inventory to declining market demands.
+Added: Prior commitments of this type have resulted in an excess of parts when demand for electronic products has decreased.
+Added: If demand for our solutions is less than we expect, we may experience additional excess and obsolete inventories and be forced to incur additional charges.
Dependence on contract manufacturing and outsourcing other portions of our supply chain may adversely affect our ability to bring solutions to market and damage our reputation.
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The ability of these manufacturers to perform is largely outside of our control.
−Removed: Additionally, changing or replacing our contract manufacturers or other outsourcees could cause disruptions or delays.
+Added: Additionally, changing or replacing our contract manufacturers or other outsourced vendors could cause disruptions or delays.
In addition, we outsource significant portions of our information technology ("IT") and other administrative functions.
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Because we cannot immediately adapt our production capacity and related cost structures to rapidly changing market conditions, when demand does not meet our expectations, our manufacturing capacity will likely exceed our production requirements.
−Removed: During a general market upturn or an upturn in our business, we cannot increase our manufacturing capacity to meet product demand, we will not be able to fulfill orders in a timely manner, which could lead to order cancellations, contract breaches or indemnification obligations.
+Added: During a general market upturn or an upturn in our business, we cannot increase our manufacturing capacity to meet product demand, we will not be able to fulfill orders in a timely manner, which could lead to order cancellations, contract breaches or indemnification
This inability could materially and adversely limit our ability to improve our income, margin and operating results.
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Key customers or large orders may expose us to additional business and legal risks that could have a material adverse impact on our operating results and financial condition .
+Added: As a global company, we have key customers all over the world.
+Added: Although no one customer makes up more than 10 percent of our revenue, trade restrictions, sanctions and embargos could force reductions in sales to or prevent us from selling large orders to certain key customers, which could impact our income, operating results and financial condition.
Certain key customers have substantial purchasing power and leverage in negotiating contractual arrangements with us.
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The weakening or failure of these counterparties may adversely affect our hedging programs and our financial condition through, among other things, a reduction in the number of available counterparties, increasingly unfavorable terms or the failure of counterparties to perform under hedging contracts.
+Added: Volatile changes in weather conditions and effects of climate change could damage or destroy strategic facilities, including our headquarters, which could have a significant negative impact on our operations.
+Added: We and our customers and suppliers are vulnerable to the increasing impact of climate change.
+Added: Volatile changes in weather conditions, including extreme heat or cold, could increase the risk of wildfires, floods, blizzards, hurricanes and other weather-related disasters.
+Added: Disasters created by extreme conditions could cause significant damage to or destruction of our facilities resulting in temporary or long-term closures of our facilities and operations and significant expense for repair or replacement of damaged or destroyed facilities.
+Added: This could also result in loss or damage to employee homes, employees relocating to other parts of the country or being unwilling to relocate to the strategic locations, housing shortages and loss of or inability to recruit key employees, This could result in adverse impact to the available workforce, damage to or destruction of inventory, inability to manufacture and deliver solutions, cancellation of orders, and breaches of customer contracts leading to reduced revenue.
+Added: If we suffer a loss to our employees, factories, facilities or distribution system due to a catastrophic event, our operations could be significantly harmed.
+Added: Our factories, facilities and distribution system are vulnerable to catastrophic loss due to natural or man-made disasters such as earthquakes and terrorism.
+Added: Several of our facilities could be subject to a catastrophic loss caused by earthquake or other natural disasters due to their locations.
+Added: For example, our production facilities, headquarters and laboratories in California and our production facilities in Japan are all located in areas with above-average seismic activity.
+Added: If any of these facilities were to experience a catastrophic loss, it could disrupt our operations, delay production, shipments and revenue and result in large expenses to repair or replace the facility.
+Added: In addition, since we have consolidated our manufacturing facilities, we are more likely to experience an interruption to our operations in the event of a catastrophe in any one location.
+Added: Although we carry insurance for property damage and business interruption, we do not carry insurance or financial reserves for interruptions or potential losses arising from earthquakes or terrorism.
+Added: Also, our third-party insurance coverage will vary from time to time in both type and amount depending on availability, cost and our decisions with respect to risk retention.
+Added: Economic conditions and uncertainties in global markets may adversely affect the cost and other terms upon which we are able to obtain third-party insurance.
+Added: If our third-party insurance coverage is adversely affected, or to the extent we have elected to self-insure, we may be at a greater risk that our operations will be harmed by a catastrophic loss.
Third parties may claim that we are infringing their intellectual property rights, and we could suffer significant litigation or licensing expenses or be prevented from selling solutions or services.
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In preparation for the separation and distribution, we have applied for trademarks related to our new global brand name in various jurisdictions worldwide.
−Removed: Any successful opposition
−Removed: to our applications in material jurisdictions could impose material costs on us or make it more difficult to protect our brand.
+Added: Any successful opposition to our applications in material jurisdictions could impose material costs on us or make it more difficult to protect our brand.
Different jurisdictions vary widely in the level of protection and priority they give to trademark and other intellectual property rights.
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Any such event could have a material adverse effect on our business, reputation, operating results and financial condition, and no assurance can be given that our efforts to reduce the risk of such attacks will be successful.
−Removed: In addition, our IT systems may be susceptible to damage, disruptions or shutdowns due to power outages, hardware failures, telecommunication failures, user errors, implementation of new operational systems or software or upgrades to existing systems and software, or catastrophes or other unforeseen events.
+Added: In addition, our IT systems may be susceptible to damage, disruptions, instability, or shutdowns due to power outages, hardware failures, telecommunication failures, user errors, implementation of new operational systems or software or upgrades to existing systems and software, catastrophes, overburdening of systems resulting from an increase of work from home employees due to COVID-19, or other unforeseen events.
Such events could result in the disruption of business processes, network degradation and system downtime, along with the potential that a third party will exploit our critical assets such as intellectual property, proprietary business information and data related to our customers, suppliers and business partners.
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We cannot give any assurance as to what our effective tax rate will be in the future because, among other things, there is uncertainty regarding the tax policies of the jurisdictions where we operate.
−Removed: Changes in tax laws, such as tax reform in the United States or changes in
−Removed: tax laws resulting from the Organization for Economic Co-operation and Development’s (“OECD”) multi-jurisdictional plan of action to address “base erosion and profit shifting” and the taxation of the “Digital Economy” could impact our effective tax rate.
+Added: Changes in tax laws, such as tax reform in the United States or changes in tax laws resulting from the Organization for Economic Co-operation and Development’s (“OECD”) multi-jurisdictional plan of action to address “base erosion and profit shifting” and the taxation of the “Digital Economy” could impact our effective tax rate.
If tax laws or incentives change or cease to be in effect, our income taxes could increase significantly.
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With the rise of economic and political policies that favor domestic interests, it is possible that more countries will enact tax laws that either increase the tax rates, or reduce or change the tax incentives available to multinational companies like ours.
−Removed: Upon a change in tax laws in any territory where we do significant business, such as the U.S., the European Union, or Singapore, we may not be able to maintain our current tax rate or qualify for or maintain the benefits of any tax incentives offered, to the extent such incentives are offered.
+Added: Upon a change in tax laws in any territory where we do significant business, we may not be able to maintain our current tax rate or qualify for or maintain the benefits of any tax incentives offered, to the extent such incentives are offered.
We currently benefit from tax incentives extended to certain of our foreign subsidiaries to encourage investment or employment, the most significant of which being Singapore.
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If we fail to retain and hire a sufficient number of these personnel, we may not be able to meet key objectives, such as launching effective product innovations and meeting financial goals, and maintain or expand our business.
−Removed: If we suffer a loss to our factories, facilities or distribution system due to a catastrophic event, our operations could be significantly harmed.
−Removed: Our factories, facilities and distribution system are subject to catastrophic loss due to fire, flood, terrorism or other natural or man-made disasters.
−Removed: In particular, several of our facilities could be subject to a catastrophic loss caused by earthquake or other natural disasters due to their locations.
−Removed: For example, our production facilities, headquarters and laboratories in California and our production facilities in Japan are all located in areas with above-average seismic activity.
−Removed: If any of these facilities were to experience a catastrophic loss, it could disrupt our operations, delay production, shipments and revenue and result in large expenses to repair or replace the facility.
−Removed: If such a disruption were to occur, we could breach our agreements, our reputation could be harmed and our business and operating results could be adversely affected.
−Removed: In addition, since we have consolidated our manufacturing facilities, we are more likely to experience an interruption to our operations in the event of a catastrophe in any one location.
−Removed: Although we carry insurance for property damage and business interruption, we do not carry insurance or financial reserves for interruptions or potential losses arising from earthquakes or terrorism.
−Removed: Also, our third-party insurance coverage will vary from time to time in both type and amount depending on availability, cost and our decision with respect to risk retention.
−Removed: Economic conditions and uncertainties in global markets may adversely affect the cost and other terms upon which we are able to obtain third-party insurance.
−Removed: If our third-party insurance coverage is adversely affected, or to the extent we have elected to self-insure, we may be at a greater risk that our operations will be harmed by a catastrophic loss.
If we fail to maintain satisfactory compliance with certain regulations, we may be subject to substantial negative financial consequences and civil or criminal penalties.
−Removed: We and our customers are subject to various significant international, federal, state and local regulations, including, but not limited to, health and safety, packaging, data privacy, product content, labor and import/export regulations.
−Removed: These regulations are
−Removed: complex, change frequently and have tended to become more stringent over time.
+Added: We and our customers are subject to various significant international, federal, state and local regulations, including, but not limited to, health and safety including regulations related to COVID-19, packaging, data privacy, product content, environmental, labor and import/export regulations.
+Added: These regulations are complex, change frequently and have tended to become more stringent over time.
We may be required to incur significant expenses to comply with these regulations or to remedy violations of these regulations.
1 unchanged sentence
If demand for our solutions is adversely affected or our costs increase, our business would suffer.
+Added: Our R&D, manufacturing and distribution operations involve the use of hazardous substances and are regulated under international, federal, state and local laws governing health and safety and the environment.
+Added: We are also regulated under a number of international, federal, state and local laws regarding recycling, product packaging and product content requirements.
+Added: We apply strict standards for protection of the environment and occupational health and safety inside and outside the United States, even where not subject to regulation imposed by foreign governments.
+Added: We believe that our properties and operations at our facilities
+Added: comply in all material respects with applicable environmental and occupational health and safety laws.
+Added: In spite of these efforts, no assurance can be given that we will be compliant with all applicable environmental and workplace health and safety laws and regulations and violations could result in civil or criminal sanctions, fines and penalties.
We have developed internal data handling policies and practices to comply with the General Data Protection Regulation (“GDPR”) in the European Union and data privacy regulations similar to GDPR in other jurisdictions.
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Our share price may fluctuate significantly.
−Removed: Our common stock is listed on NYSE under the ticker symbol “KEYS.” The market price of our common stock may fluctuate widely, depending on many factors, some of which may be beyond our control, including but not limited to:
+Added: Our common stock is listed on New York Stock Exchange ("NYSE") under the ticker symbol “KEYS.” The market price of our common stock may fluctuate widely, depending on many factors, some of which may be beyond our control, including but not limited to:
actual or anticipated fluctuations in our operating results due to factors related to our business;
9 unchanged sentences
natural or other disasters that investors believe may affect us;
+Added: the impact of global pandemics, such as COVID-19;
overall market fluctuations;
9 unchanged sentences
The payment of any dividends in the future, and the timing and amount thereof, to our stockholders fall within the discretion of our board of directors.
−Removed: The board's decisions regarding the payment of dividends will depend on many factors, such as our financial condition, earnings, capital requirements, debt service obligations, restrictive covenants in our debt, industry practice, legal requirements, regulatory constraints and other factors that the board deems relevant.
+Added: The board's decisions regarding the payment of dividends will depend on many factors, such as our financial condition, earnings, capital requirements, debt service obligations, restrictive covenants in our debt, industry practice, legal requirements, regulatory constraints and other factors that our board of directors deems relevant.
We cannot guarantee that we will pay a dividend in the future or continue to pay any dividends if we commence paying dividends.
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rules regarding how shareholders may present proposals or nominate directors for election at shareholder meetings;
−Removed: the right of our board to issue preferred stock without shareholder approval;
+Added: the right of our board of directors to issue preferred stock without shareholder approval;
the division of our board of directors into three classes of directors, with each class serving a staggered three-year term, and this classified board provision could have the effect of making the replacement of incumbent directors more time consuming and difficult;
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In addition, because we have not chosen to be exempt from Section 203 of the Delaware General Corporation Law (the "DGCL"), this provision could also delay or prevent a change of control that some shareholders may favor.
−Removed: Section 203 provides that, subject to limited exceptions, persons that acquire, or are affiliated with a person that acquires, more than 15 percent of the outstanding voting stock of a Delaware corporation (an "interested stockholder") shall not engage in any business combination
−Removed: with that corporation, including by merger, consolidation or acquisitions of additional shares, for a three-year period following the date on which the person became an interested stockholder, unless (i) prior to such time, the board of directors of such corporation approved either the business combination or the transaction that resulted in the stockholder becoming an interested stockholder;
+Added: Section 203 provides that, subject to limited exceptions, persons that acquire, or are affiliated with a person that acquires, more than 15 percent of the outstanding voting stock of a Delaware corporation (an "interested stockholder") shall not engage in any business combination with that corporation, including by merger, consolidation or acquisitions of additional shares, for a three-year period following the date on which the person became an interested stockholder, unless (i) prior to such time, the board of directors of such corporation approved either the business combination or the transaction that resulted in the stockholder becoming an interested stockholder;
(ii) upon consummation of the transaction that resulted in the stockholder becoming an interested stockholder, the interested stockholder owned at least 85 percent of the voting stock of such corporation at the time the transaction commenced (excluding for purposes of determining the voting stock outstanding (but not the outstanding voting stock owned by the interested stockholder) the voting stock owned by directors who are also officers or held in employee benefit plans in which the employees do not have a confidential right to tender or vote stock held by the plan);
9 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.