Exhibit 99.1
SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES
LITIGATION REFORM ACT OF 1995
In connection with the safe harbor provisions of the Private Securities
Litigation Reform Act of 1995 (the Reform Act), Ball is hereby filing cautionary
statements identifying important factors that could cause Ball's actual results
to differ materially from those projected in forward-looking statements of Ball.
Forward-looking statements may be made in several different contexts; for
example, in the Company's Annual Report and in annual and periodic
communications with investors. Management's Discussion and Analysis of Financial
Condition and Results of Operations contains forward-looking statements, and
many of these statements are contained in Part I, Item 2, "Business." The Reform
Act defines forward-looking statements as statements that express or imply an
expectation or belief and contain a projection, plan or assumption with regard
to, among other things, future revenues, income, earnings per share or capital
structure. Such statements of future events or performance involve estimates,
assumptions and uncertainties, and are qualified in their entirety by reference
to, and are accompanied by, the following important factors that could cause
Ball's actual results to differ materially from those contained in
forward-looking statements made by or on behalf of Ball.
Some important factors that could cause Ball's actual results or outcomes to
differ materially from those discussed in forward-looking statements include,
but are not limited to:
o Fluctuation in customer growth and demand, including loss of major
customers; manufacturing overcapacity; lack of productivity improvement;
weather; regulatory action; federal, state and local law; interest rates;
labor strikes and work stoppages; boycotts; litigation involving antitrust,
intellectual property, consumer and other issues; maintenance and capital
expenditures; capital availability; economic conditions and acts of war or
catastrophic events.
o Competition in pricing and the possible decrease in, or loss of, sales
resulting therefrom; loss of profitability and plant closures.
o The timing and extent of regulation or deregulation, competition in each
line of business, product development and introductions and technology
changes.
o Ball's ability or inability to have available sufficient production
capacity in a timely manner.
o Difficulties in obtaining raw materials, supplies, power and natural
resources needed for the production of metal and plastic containers as well
as telecommunications and aerospace products.
o The pricing of raw materials, supplies, power and natural resources needed
for the production of metal and plastic containers as well as
telecommunications and aerospace products, pricing and ability or inability
to sell scrap associated with the production of metal containers and the
effect of changes in the cost of warehousing the Company's products.
o The ability or inability to pass on to customers changes in raw
material cost, particularly resin, steel and aluminum.
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o International business risks, particularly in foreign developing countries
such as China and Brazil, including political and economic instability in
foreign markets, restrictive trade practices of foreign governments, sudden
policy changes by foreign governments, the imposition of duties, taxes or
other government charges, foreign exchange rate risk, exchange controls and
national and regional labor strikes or work stoppages.
o The ability or inability to obtain adequate credit resources for
foreseeable financing requirements of the Company's businesses.
o Undertaking unsuccessful acquisitions, joint ventures and divestitures and
the integration activities associated with acquisitions and joint ventures.
o The failure to make cash payments and satisfy other debt obligations.
o The ability or inability to achieve technological and product advances in
the Company's businesses.
o The success or lack of success of satellite launches and the businesses
and governments associated with the launches.
o The authorization, funding and availability of government contracts and the
nature and continuation of those contracts and related services, as well as
the cancellation or termination of government contracts for the U.S.
government, other customers or other government contractors.
o Actual vs. estimated business consolidation and investment exit costs and
the estimated net realizable values of assets associated with such
activities.
o Fluctuation in the fiscal and monetary policy established by the U.S.
government.
