GenTek
Inc. (the Company or GenTek) is a holding company whose subsidiaries
manufacture industrial components and performance chemicals. GenTeks
subsidiaries operate through two primary business segments: manufacturing and
performance chemicals. The manufacturing segment provides a broad range of
engineered components and services to two principal markets: automotive and
industrial. The performance chemicals segment provides value-added chemical
products and services to four principal markets: water treatment, chemical
processing, pharmaceutical and personal care, and technology. The Companys
products are frequently highly engineered and are important components of, or
provide critical attributes to, its customers end products or operations. The
Company operates over 50 manufacturing and production facilities located
primarily in the U.S. and Canada. GenTek has no independent operations and,
therefore, is dependent upon cash flow from its subsidiaries to meet its
obligations.
Acquisitions
On
February 6, 2007, the Company acquired the assets of Chalum, Inc. The
acquisition included the manufacturing facility in Sacaton, Arizona. Chalum
produces aluminum sulfate for the greater Phoenix, Arizona municipal water
treatment market. The purchase price was $3 million.
On
September 21, 2006, the Company acquired the assets of GAC MidAmerica, Inc. The
acquisition included manufacturing facilities in Toledo, Ohio, Indianapolis,
Indiana, and Saukville, Wisconsin. GAC produces aluminum sulfate and bleach, as
well as distributing specialty water treatment chemicals, sulfuric acid and
caustic soda. The purchase price of the transaction was $8 million.
On
July 31, 2006, the Company acquired the assets of Precision Engine Products
Corp., a wholly owned subsidiary of Stanadyne Corporation. Precision Engine
Products is dedicated principally to the manufacturing of hydraulic lash
adjusters and die cast aluminum rocker arm assemblies utilized in valve train
systems for both OEM and after market applications to the global automotive and
light truck markets. Precision Engine Products has manufacturing facilities in
Tallahassee, Florida and Curitiba, Brazil. The purchase price of the
transaction was $26 million in cash, plus the potential of an earn out for
Stanadyne of up to $10 million, payable, if at all, based on certain
performance metrics being achieved during the twelve months following the
closing date.
On
July 27, 2006, the Company acquired the assets of Repauno Products, LLC. The
acquisition included the manufacturing facility in Gibbstown, New Jersey.
Repauno Products manufactures sodium nitrite which is used in a wide range of
industries including metal finishing, heat transfer salts, rubber processing,
meat curing, odor control and inks and dyes. The purchase price of the
transaction was $6 million.
Discontinued
Operations
On
February 16, 2007, the Company completed the sale of its Noma wire and cable
harness assembly business. The net proceeds from the
transaction were used to repay outstanding debt. During April 2006, the Company
completed the sale of its cable and wire manufacturing business
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in Stouffville, Canada. Proceeds from the transaction
were used to repay $22 million of the Companys second lien term loan.
Accordingly, these businesses have been classified as discontinued operations.
During
the second quarter of 2005, the Company ceased operations of its printing plate
business. The business had become unprofitable as it had experienced severe
competitive pressures over the last several years and had been hurt by a
continued shift in technology in the printing plate market. Accordingly, all
financial information included herein has been reclassified to reflect the
business as discontinued operations.
Products
and Services by Segment
The
following table sets forth the Companys sales by segment:
Years Ended December 31,
2006
2005
2004 (In millions)
Manufacturing
$
238,021
$
222,384
$
214,550
Performance Chemicals
373,347
334,113
316,573
$
611,368
$
556,497
$
531,123
Manufacturing Segment
The
manufacturing segment provides a broad range of engineered components, wiring
products and services to two principal markets: automotive and industrial.The
Companys products for these markets are described below:
Automotive.
For the automotive market, the Company provides:
precision-engineered components for valve-train
systems, including stamped and machined rocker and roller-rocker arms, cam
follower rollers, cam follower roller axles, antifriction needle roller
bearings, hydraulic lash adjusters, hydraulic flat and roller lifters,
mechanical roller tappets and other hardened/machined components;
computer-aided and mechanical vehicle and component
testing services for the transportation industry; and
fluid transport and handling equipment for
automotive service applications.
The
Companys precision-engineered stamped and machined engine components for
valve-train systems improve engine efficiency by reducing engine friction and
component mass. These components are used both in traditional overhead valve
and in the increasingly popular single and double overhead cam engines which
power cars, light trucks and sport utility vehicles. Over the last several
years, the Company has benefited from the design transition of overhead valve
engines to overhead cam engines providing a strong position with which to
participate in the industrys latest efforts to improve fuel efficiency and
power. Increased design use of additional valves per cylinder to improve
fuel/air throughput have resulted in volume growth on specific engine
applications. The majority of the Companys valve-train production is sold to
U.S. automobile and diesel engine manufacturers and their Tier 1 suppliers.
Through
its automotive testing offerings, the Company provides mechanical testing
services and computer-aided design, engineering and simulation services for
automotive structural and mechanical systems to OEMs and Tier 1 suppliers. The
Company provides a wide range of testing services for
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automotive components and systems from single
sub-systems, such as chassis, suspension, seats and seating assemblies, to
entire vehicles. The Companys engineering and simulation services provide
customers with finite element modeling, kinematics, and crash and variation
simulation analyses, and allow its customers to test their automotive products
for durability, stress, noise, vibration and environmental considerations.
Automotive
and diesel engine manufacturers generally award business to their suppliers by
individual engine line for the life of the engine. The loss of any single
engine line contract would not be material to the Company. However, an economic
downturn in the automotive industry as a whole or other events (e.g., labor
disruptions) resulting in significantly reduced operations of DaimlerChrysler
or Ford could have a material adverse impact on the results of the Companys
manufacturing segment. Neither of these customers accounted for 10 percent or
more of the Companys revenues in 2006.
Industrial.
For the industrial market, the Company manufactures wire and cable for a broad
range of applications in the electronic, appliance, automotive and consumer
electrical markets. These products are sold to OEMs throughout North America.
The
Company produces a broad product line of single and multi conductor wire and
cable. The Companys wire jacketing expertise includes the use of polyvinyl
chloride (PVC), thermoplastic elastomer (TPE) and ethylene vinyl acetate (EVA)
engineered materials.
Performance Chemicals Segment
The
Companys performance chemicals segment provides value-added products and
services to four principal markets: (i)water treatment; (ii)chemical
processing; (iii)pharmaceutical and personal care; and (iv)technology. The
Companys products and services for these markets are described below.
Water
Treatment. With a network of 35 water treatment chemical
plants located throughout the United States and Canada, the Company is the
largest North American producer of aluminum sulfate, or alum, which is used
as a coagulant in potable water and waste water treatment applications, and a
leading supplier of ferric sulfate and other specialty flocculents
(polymer-based materials used for settling and/or separating solids from
liquids) and sodium nitrate. The Companys water treatment products are
designed to address the important environmental issues confronting its
customers. These value-added products provide cleaner drinking water, restore
algae-infested lakes, reduce damaging phosphorus runoff from agricultural
operations, and significantly reduce pollution from industrial waste water.
Chemical
Processing. The Company operates three sulfuric acid
production facilities which produce various grades of sulfuric acid which is
used in the manufacture of titanium pigments, fertilizers, synthetic fibers,
steel, petroleum and paper, as well as many other products. In addition, the
Company provides sulfuric acid regeneration services to the refining and
chemical industries, and pollution abatement and sulfur recovery services to
selected refinery customers. Refineries use sulfuric acid as a catalyst in the
production of alkylate, a gasoline blending component with favorable
performance and environmental properties. The alkylation process contaminates
and dilutes the sulfuric acid, thereby creating the need to dispose of or
regenerate the contaminated acid. The Company transports the contaminated acid
back to the Companys facilities for recycling and redelivers the fresh,
recycled acid back to customers. This closed loop process offers customers
significant savings versus alternative disposal methods and also benefits the
environment by significantly reducing refineries waste streams.
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Pharmaceutical
and Personal Care. The Company is a leading supplier of the
active chemical ingredients used in the manufacture of antiperspirants, and
also supplies ingredients used in prescription pharmaceuticals, nutritional
supplements, veterinary health products and other personal care products. The
customer base includes many of the worlds leading personal care companies, and
the Company is favorably positioned with both North American and European
sourcing capabilities.
Technology.
The Company provides ultrahigh-purity electronic chemicals for the
semiconductor and disk drive industries. The Companys electronic chemicals
include ultrahigh-purity acids, caustics, solvents, etchants and formulated
photo ancillaries for use in the manufacture of semiconductor processing chips
and computer disk drives.
Competition
Competition
in the manufacturing segments markets is based upon a number of factors
including design and engineering capabilities, quality, price and the ability
to meet customer delivery requirements. In the automotive market, the Company
competes with, among others, Delphi, Eaton, INA, Timken, and captive OEMs. In
the industrial markets, the Company competes with Copperfield, General Cable
and Southwire, among others.
Although
the Companys performance chemicals segment generally has significant market
share positions in the product areas in which it competes, most of its end
markets are highly competitive. In the pharmaceuticals and personal care
market, the Companys major competitors include BK Giulini Corp. and Summit
Research Labs as well as the captive production facilities of certain personal
care companies. The Companys competitors in the chemical processing market
include the refineries that perform their own sulfuric acid regeneration, as
well as DuPont, Marsulex, Chemtrade Logistics, PVS and Rhodia, which also have
sulfuric acid regeneration facilities that are generally located near their
major customers. In water treatment the Company competes with Geo Specialty
Chemicals, Kemiron Companies Inc., U.S. Aluminates and other regional players.
Competitors in the technology market include Air Products, Honeywell Electronic
Materials and Tyco/Mallinckrodt-Baker.
Suppliers;
Availability of Raw Materials
The
Company purchases a variety of raw materials for its businesses. The primary
raw materials used by the manufacturing segment are copper and steel. The
Companys performance chemicals segments competitive cost position is, in
part, attributable to its sourcing relationships for certain raw materials that
serve as the feedstock for many of its products. Consequently, major raw
material purchases are limited primarily to sulfuric acid where it is uneconomical
for the Company to supply itself due to distribution costs, bauxite and
aluminum tri-hydrate (for the manufacture of alum), zirconium based products
(for the manufacture of antiperspirant active ingredients), sulfur (for the
manufacture of sulfuric acid), and soda ash (for the manufacture of sodium
nitrite).
The
Company purchases raw materials from a number of suppliers and, in most cases,
believes that alternative sources are available to fulfill its needs. A number
of the raw materials the Company will purchase are subject to cyclical price
movements. In the performance chemicals segment, the Company is able to pass
through all or a portion of raw material price increases, but often on a lagged
basis. While the Company has been able to pass through a significant portion of
copper raw material price increases, it has had limited success in doing so
with steel cost increases in its automotive business. The Company continues its
efforts to ensure it has sufficient access to required raw materials at
competitive prices and to pass along raw material price increases where
possible.
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Sales
and Distribution
The
Companys manufacturing segment has approximately 50 sales, marketing,
engineering and customer service personnel. Generally, the Company markets its
products directly to its customers, but in certain industrial markets a
distribution network is used. The manufacturing segments technical and
engineering staff is an integral part of the segments sales and distribution effort.
Since many of the Companys products are precision-engineered and
custom-designed to customer specifications, the Companys sales force and
engineers work closely with its customers in designing, producing, testing and
improving its products.
In
the Companys performance chemicals segment, the Company employs approximately
70 sales, marketing, distribution and customer service personnel. The sales
force is divided into several specialized groups which focus on specific products,
end-users and geographic regions. This targeted approach provides the Company
with insight into emerging industry trends and creates opportunities for
product development.
Seasonality;
Backlog
The
business of the manufacturing segment is generally not seasonal. Within the
performance chemicals segment, the water treatment and sulfur products
businesses have higher volumes in the second and third quarters of the year,
owing to (i) higher spring and summer demand for sulfuric acid regeneration
services from gasoline refinery customers to meet peak summer driving season
demand and (ii) higher spring and summer demand from water treatment chemical
customers to manage seasonally high and low water conditions. The other markets
that the performance chemicals segment serves are generally not seasonal. Due
to the nature of the Companys businesses, there are no significant backlogs.
Environmental
Matters
The
Companys various manufacturing operations, which have been conducted at a
number of facilities for many years, are subject to numerous laws and
regulations relating to the protection of human health and the environment in
the U.S., Canada and other countries. The Company believes that it is in
substantial compliance with such laws and regulations. However, as a result of
its operations, the Company is involved from time to time in administrative and
judicial proceedings and inquiries relating to environmental matters. Based on
information available at this time with respect to potential liability involving
these facilities, the Company believes that any such liability will not have a
material adverse effect on its financial condition, cash flows or results of
operations. However, modifications of existing laws and regulations or the
adoption of new laws and regulations in the future, particularly with respect
to environmental and safety standards, or the discovery of additional or
unknown environmental contamination of any of the Companys current or former
facilities, could require the Company to make expenditures which may be
material or otherwise adversely impact the Companys operations.
The
Company maintains a program to manage its facilities compliance with
environmental laws and regulations. Expenditures for 2006 approximated $8
million (of which approximately $1 million represented capital expenditures and
approximately $7 million related to ongoing operations and the management and
remediation of potential environmental contamination from prior operations).
Expenditures for 2005 approximated $9 million (of which approximately $2
million represented capital expenditures and approximately $7 million related
to ongoing operations and the management and remediation of potential
environmental contamination from prior operations). The Company expects
expenditures similar to 2006 levels in 2007. In addition, if environmental laws
and regulations affecting
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the Companys operations become more stringent, costs
for environmental compliance may increase above historical levels.
The
Comprehensive Environmental Response Compensation and Liability Act of 1980
(CERCLA) and similar statutes, have been construed as imposing joint and
several liability, under certain circumstances, on present and former owners
and operators of contaminated sites, and transporters and generators of
hazardous substances, regardless of fault. The Companys facilities have been
operated for many years by the Company or its prior owners and operators, and
adverse environmental conditions of which the Company is not aware may exist.
Modifications of existing laws and regulations and discovery of additional or
unknown environmental contamination at any of the Companys current or former
facilities could have a material adverse effect on the Companys financial
condition, cash flows and/or results of operations. In addition, the Company
has received written notice from the Environmental Protection Agency that it
has been identified as a potentially responsible party under CERCLA at two
third-party sites. The Company does not believe that its liability, if any, for
these sites will be material to its results of operations, cash flows or
financial condition.
At
any time, the Company may be involved in proceedings with various regulatory
authorities which could require the Company to pay various fines and penalties
due to violations of environmental laws and regulations at its sites, remediate
contamination at some of these sites, comply with applicable standards or other
requirements, or incur capital expenditures to modify certain pollution control
equipment or processes at its sites. Again, although the amount of any
liability that could arise with respect to these matters cannot be accurately
predicted, the Company believes that the ultimate resolution of these matters
will have no material adverse effect on its results of operations, cash flows
or financial condition.
Avtex
Site at Front Royal, Virginia. On March 22, 1990, the
Environmental Protection Agency (the EPA) issued to the Company a Notice of
Potential Liability pursuant to Section 107(a) of CERCLA with respect to a site located in Front Royal, Virginia, owned at
the time by Avtex Fibers Front Royal, Inc., (Avtex) which filed for
bankruptcy. A sulfuric acid plant adjacent to the main Avtex site was
previously owned and operated by the Company. The Company reacquired the
sulfuric acid plant site through the bankruptcy in order to control the
required investigation and, if necessary, remediation. On September 30, 1998,
the EPA issued an administrative order under Section 106 of CERCLA, which
requires the Company, through its predecessor, AlliedSignal Inc. (now Honeywell
Inc.) and Avtex to undertake certain removal actions at the acid plant. On
October 19, 1998, the Company delivered to the EPA written notice of its
intention to comply with that order, subject to numerous defenses. The Company
investigated potential soil and groundwater contamination and decommissioned
the site. As a result of the Companys bankruptcy filing, the Company entered
into an agreement with Honeywell, the previous owner and operator, whereby
Honeywell agreed to take back all environmental liability at the site, past,
present and future, and took back ownership of the site. Although the EPA
refused to formally drop the Company from the administrative order, the EPA
signed a letter acknowledging Honeywells agreement to be responsible for all
liability at the site and agreed to seek recourse against Honeywell for such
liability and only look to the Company in the event of a default by Honeywell.
The Company believes that there is a strong likelihood that no further costs
will be incurred at this site.
Delaware
Valley Facility. On September 7, 2000, the EPA issued to the Company an Initial
Administrative Order (an IAO) pursuant to Section 3008(h) of the Resource
Conservation and Recovery Act (RCRA), which requires that the Company conduct
an environmental investigation of the Companys Delaware Valley facility (the
Facility) and, if necessary, propose and implement corrective measures to
address any historical environmental contamination at the Facility. Over the
past six years,
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the Company has been working cooperatively with the
EPA and Honeywell, a prior owner of the Facility and current owner of a plant
adjacent to the Facility, to implement the actions required under the IAO. The
Company conducted the first investigatory steps required by the IAO, the
evaluation of potential soil and groundwater contamination, in both the North
Plant (the area of the facility north of US Route 18) and the South Plant (the
area south of US Route 18) that borders the Delaware River. As a result of the
Companys bankruptcy filing, the Company entered into an agreement with
Honeywell dated April 30, 2004 in which Honeywell agreed to take back all
environmental liability at the North Plant, past, present and future, as well
as ownership of the North Plant. In addition, Honeywell took responsibility for
the cost to address groundwater contamination at the South Plant. The Company
remains responsible only for soil contamination at the South Plant. Although
the EPA refused to formally drop the Company from the IAO, the EPA signed a
letter acknowledging Honeywells agreement to be responsible for all liability
at the North Plant and for groundwater contamination at the South Plant and to
seek recourse against Honeywell for those liabilities and only look to the
Company in the event of a default by Honeywell. The remaining requirements of
the IAO will be performed over the course of the next several years. The
Company closed the South Plant operations of its Delaware Valley facility on
November 10, 2003. This closure resulted in an expansion of the investigation
to be performed under the IAO. Depending on the results of that additional
investigation, additional remedial activity may be required for soils in the
South Plant. The Company has provided for the estimated costs of $2 million for
compliance with the IAO in its accrual for environmental liabilities. As such,
the Company believes that compliance with the IAO will not have a material
effect on its results of operations or financial condition.
Employees/Labor
Relations
At
December 31, 2006, the Company had approximately 1,525 employees, of whom
approximately 560 were full-time salaried employees, approximately 590 were
full-time hourly employees (represented by 8 different unions) and
approximately 375 were hourly employees working in nonunion facilities.
The
Companys union contracts have durations which vary from two to four years. The
Companys relationships with its unions are generally good.
Executive
Officers and Key Employees
Set
forth below is information with respect to each of the Companys executive
officers and/or key employees.
William
E. Redmond, Jr., 47, President and Chief Executive Officer of the Company since
May, 2005 and a Director of the Company since November 2003. Since 2005, Mr.
Redmond has served as Chairman and a Director of Maxim Crane Works and as
Chairman and a Director of Citation Corporation. From 1996 until 2003, Mr.
Redmond held the position of Chairman, President and Chief Executive Officer of
Garden Way Incorporated.
George
G. Gilbert, 58, Vice President and General Manager Valve Train Group since
2001. From 1997 to 2001, Mr. Gilbert held the position of Vice President
Technical Services/Strategic Development, for Simpson Industries.
Douglas
J. Grierson, 42, Vice President and Controller since April 2005. Mr. Grierson
served as Director of Accounting and Assistant Controller from June 1999 to
April 2005.
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James
Imbriaco, 54, Vice President, General Counsel and Secretary since July 2005.
From May 2004 to June 2005, Mr. Imbriaco held the position of Consulting
Corporate Counsel with Bowne & Co., Inc. From October 2000 to August 2003,
Mr. Imbriaco held the position of Vice President, General Counsel and Secretary
with Agency.com, Ltd.
Robert
D. Novo, 49, Vice President of Human Resources and Environmental Health and
Safety since August 2004. Mr. Novo served as the Vice President of Human
Resources from July 2003 to August 2004. Prior to July 2003, Mr. Novo held
various senior level human resource positions with Honeywell International
since 1995.
Vincent
J. Opalewski, 44, Vice President and General Manager Performance Chemicals
Group since September 2006. Mr. Opalewski served as Vice President - Sales and
Marketing, for the Performance Chemicals Group from July 2005 to September
2006. He previously served as General Manager of the Sulfur Products Group from
January 2000 to July 2005.
Thomas
B. Testa, 45, Vice President and Chief Financial Officer since September 2006.
Mr. Testa served as Vice President and General Manager Performance Chemicals
Group since August 2004. From April 2002 to August 2004, Mr. Testa served as
Vice President Operations for the Performance Chemicals Group. He previously
served as General Manager of the Electronic Chemicals business group from
October 1997 to April 2002.
Corporate
Governance and Internet Address
The
Company emphasizes the importance of professional business conduct and ethics
through its corporate governance initiatives. The Companys board of directors
has adopted a code of business conduct and ethics that applies to all
employees, directors and officers, including the Companys principal executive
officer, principal financial officer and principal accounting officer. The
Companys board of directors consists of a majority of independent directors.
The
Companys internet address is www.gentek-global.com . The Company makes
available, free of charge through a link on its site, the annual reports on
Form 10-K, quarterly reports on Form 10-Q, current reports on Form 8-K, and
amendments to such reports, if any, as filed with the SEC as soon as reasonably
practicable after such filing. The site also contains the Companys code of
business conduct and ethics and the charters of the audit committee, corporate
governance and nominating committee and compensation committee of its board of
directors. The Companys principal executive offices are located at 90 East
Halsey Road, Parsippany, New Jersey 07054, and its telephone number is (973)
515-3221.
Item 1A.
Risk
Factors.
The
following is a discussion of certain factors that currently impact or may
impact the Companys business, operating results and/or financial condition. An
investment in the Companys common stock involves a high degree of risk. You
should carefully consider the risks described below before deciding to invest
in its common stock. In assessing these risks, you should also refer to the
other information in this Annual Report on Form 10-K, including the Companys
financial statements and the related notes. Various statements in this Annual
Report on Form 10-K, including some of the following risk factors, constitute
forward-looking statements.
Risks
Related to the Companys Capital Structure
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The Companys ability to make payments on its debt will be
contingent on GenTeks future operating performance, which will depend on a
number of factors that are outside of its control.
The
Companys debt service obligations are estimated to be approximately $28
million to $30 million in 2007, including approximately $5 million of principal
repayments. This debt service may have an adverse impact on
the Companys earnings and cash flow, which could in turn negatively impact
GenTeks stock price.
The
Companys ability to make principal and interest payments on its debt is
contingent on its future operating performance, which will depend on a number
of factors, many of which are outside of its control. The degree to which
GenTek is leveraged could have other important negative consequences, including
the following:
the Company must dedicate a substantial portion of
its cash flows from operations to the payment of its indebtedness, reducing
the funds available for future working capital requirements, capital
expenditures, acquisitions or other general corporate requirements;
a significant portion of its borrowings are, and
will continue to be, at variable rates of interest, which may result in
higher interest expense in the event of increases in interest rates;
the Company may be more vulnerable to a downturn in
the industries in which it operates or a downturn in the economy in general;
the Company may be limited in its flexibility to
plan for, or react to, changes in its businesses and the industries in which
it operates;
the Company may be placed at a competitive
disadvantage compared to its competitors that have less debt;
the Company may be limited in its ability to react
to unforeseen increases in certain costs and obligations arising in its
businesses, including environmental, pension and tax liabilities;
the Company may determine it to be necessary to
dispose of certain assets or one or more of its businesses to reduce its
debt; and
the Companys ability to borrow additional funds may
be limited.
The
Company can provide no assurance that its businesses will generate sufficient
cash flow from operations or that future borrowings will be available in
amounts sufficient to enable the Company to pay its indebtedness or to fund its
other liquidity needs. Moreover, the Company may need to refinance all or a
portion of its indebtedness on or before maturity. In such a case, the Company
cannot make assurances that it will be able to refinance any of its
indebtedness on commercially reasonable terms or at all. If the Company is
unable to make scheduled debt payments or comply with the other provisions of
its debt instruments, the Companys various lenders may be permitted under
certain circumstances to accelerate the maturity of the indebtedness owed to
them and exercise other remedies provided for in those instruments and under
applicable law.
The Company is subject to restrictive debt covenants
pursuant to its indebtedness. These covenants may restrict its ability to
finance its business and, if the Company does not comply with the covenants or
otherwise default under them, the Company may not have the funds necessary to
pay all amounts that could become due and the lenders could foreclose on
substantially all of its assets.
The
Companys indebtedness contains covenants that, among other things,
significantly restricts and, in some cases, effectively eliminates the
Companys ability and the ability of most of its subsidiaries to:
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incur additional debt;
create or incur liens;
pay dividends or make other equity distributions to
the Companys shareholders;
purchase or redeem share capital;
make investments;
sell assets;
issue or sell share capital of certain subsidiaries;
engage in transactions with affiliates;
issue or become liable on a guarantee;
voluntarily prepay, repurchase or redeem debt;
create or acquire new subsidiaries; and
effect a merger or consolidation of, or sell all or
substantially all of its assets.
In
addition, the Company and its subsidiaries must comply with certain financial
covenants. In the event the Company was to fail to meet any of such covenants
and were unable to cure such breach or otherwise renegotiate such covenants,
the Companys lenders would have significant rights to deny future access to
liquidity and/or seize control of substantially all of its assets. The material
financial covenants with which the Company must comply include total leverage,
total interest coverage, and maximum capital expenditures.
The
covenants contained in the Companys indebtedness and any credit agreement
governing future debt may significantly restrict its future operations.
Furthermore, upon the occurrence of any event of default, the Companys lenders
could elect to declare all amounts outstanding under such agreements, together
with accrued interest, to be immediately due and payable. If those lenders were
to accelerate the payment of those amounts, the Company cannot assure you that
its assets and the assets of its subsidiaries would be sufficient to repay
those amounts in full.
The
Company is also subject to interest rate risk due to its indebtedness at
variable interest rates, based on a base rate or LIBOR plus an applicable
margin. The Company cannot assure you that shifts in interest rates will not
have a material adverse effect on it.
The Company may be required to prepay its
indebtedness prior to its stated maturity, which may limit its ability to
pursue business opportunities.
Pursuant
to the terms of certain of the Companys indebtedness, in certain instances
it is required to prepay outstanding indebtedness prior to its stated maturity
date. Specifically, if certain tests are not met, a portion of excess cash flow,
as defined in the credit agreement, and certain non-recurring cash inflows such
as proceeds from asset sales, insurance recoveries, and equity offerings must
be used to pay down indebtedness and may not be reborrowed. These prepayment
provisions may limit the Companys ability to utilize this excess cash flow
to pursue business opportunities.
The Companys business is capital intensive. It cannot
assure you that it will have sufficient liquidity to fund its working capital
and capital expenditures and to meet its obligations under existing debt
instruments.
The
Companys business is capital intensive and it cannot be certain that it will
achieve sufficient cash flow in the future. Failure to maintain profitability
and generate sufficient cash flow could diminish its ability to sustain
operations, meet financial covenants, obtain additional required funds and make
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required payments on any indebtedness it may have
incurred or may incur in the future. If the Company does not comply with the
covenants in its credit agreements or otherwise default under them, it may not
have access to borrowings under its $60 million revolving credit facility or
the funds necessary to pay amounts that become due.
Although
the Company believes that its current levels of cash and cash equivalents,
along with available borrowings on its revolving credit facility, will be
sufficient for its cash requirements during the next twelve months, it is
possible that these sources of cash will be insufficient, resulting in the
Company having to raise additional funds for liquidity. There can be no
assurance the Company will have access to additional funding should the need
arise.
The Company is a holding company that is dependent upon cash
flow from its subsidiaries to meet its financial obligations; its ability to
access that cash flow may be limited in some circumstances.
The Company is a holding company with no
independent operations or significant operating assets other than its
investments in, and advances to, its subsidiaries. The Company depends upon the
receipt of sufficient funds from its subsidiaries through its centralized cash
management system from its domestic subsidiaries and through dividends, loans
or other distributions from its foreign subsidiaries to meet its financial
obligations. In addition, the terms of the Company and its subsidiaries
existing indebtedness, and the laws of the jurisdictions under which it and its
subsidiaries are organized, limit the payment of dividends, loan repayments and
other distributions by its subsidiaries to the Company under some
circumstances. Any indebtedness that it, or its subsidiaries, may incur in the
future may contain similar restrictions.
Risks Related to the Companys Operations
The industries in which the Company operates are highly
competitive. This competition may prevent it from raising prices at the same
pace as its costs increase, making it difficult for the Company to maintain
existing business and win new business.
The
Company faces significant competition in most of its businesses. Certain of its
competitors have large market shares and substantially greater financial and
technical resources than it does. The Company may be required to reduce prices
if its competitors reduce prices, or as a result of any other downward pressure
on prices for its products and services, which could have an adverse effect on
the Company.
In
each of its business segments, the Company operates in competitive markets. Its
manufacturing segment competes with numerous international and North American
companies, including various captive operations of automotive original
equipment manufacturers (OEMs) and Tier 1 suppliers to automotive
manufacturers. Competition in the manufacturing segments markets is based on a
number of factors, including design and engineering capabilities, price,
quality and the ability to meet customer delivery requirements. Due to the
level of competition, its customers have regularly requested price decreases
and maintaining or raising prices has been difficult over the past several
years and will likely continue to be so in the near future. Most of the markets
in which its performance chemicals segment does business are highly
competitive, with competitors typically segregated by end market. Competition
in the performance chemicals segments markets is based on a number of factors,
including price, freight economics, product quality and technical support. If
the Company is unable to compete successfully, its financial condition and
results of operations could be adversely affected.
-11-
The industries the Company competes in are subject to
economic downturns.
An economic downturn in the automotive
industry as a whole or other events (e.g., labor disruptions) resulting in
significantly reduced operations at DaimlerChrysler or Ford, or at certain of
its manufacturing plants, could have a material adverse impact on the results
of its manufacturing segment. In addition, in the industrial markets, risks
include loss of market share by its major customers and continued price
pressure from major customers. For the Companys performance chemicals
business, weakness in the pulp and paper, electronics or petroleum refining
industries could have an adverse effect on its results of operations.
The Company may experience increased costs and production
delays if suppliers fail to deliver materials to the Company or if prices
increase for raw materials and other goods and services that it purchases from
third parties.
The
Company purchases raw materials from a number of domestic and foreign suppliers.
Although it believes that the raw materials it requires will be available in
sufficient supply on a competitive basis for the foreseeable future, continued
increases in the cost of raw materials, including energy and other inputs used
to make the Companys products, could affect future sales volumes, prices and
margins for its products. If a supplier should cease to deliver goods or
services to the Company, it would probably find other sources, however, such a
disruption could result in added cost and manufacturing delays. In addition,
political instability, war, terrorism and other disruptions to international
transit routes control could adversely impact its ability to obtain key raw
materials in a timely fashion, or at all.
The Companys revenues are dependent on the continued
operation of its manufacturing facilities, and breakdowns or other problems in
its operations could adversely affect its results of operations.
The
Companys revenues are dependent on the continued operation of its various
manufacturing facilities. In particular, the operation of chemical
manufacturing plants involves many risks, including the breakdown, failure or
substandard performance of equipment, natural disasters, acts of terrorism,
power outages, the need to comply with directives of government agencies, and
dependence on the ability of railroads and other shippers to transport raw
materials and finished products in a timely manner. The occurrence of material
operational problems, including but not limited to the foregoing events, at one
or more of the Companys facilities could have a material adverse effect on its
results of operations or financial condition. Certain facilities within each of
its business segments account for a significant share of its profits.
Disruption to operations at one of these facilities could have a material
adverse impact on segment financial performance and its overall financial
condition. In addition, in certain circumstances the Company could also be
materially affected by a disruption or closure of a customers plant or
facility to which it supplies its products.
A significant portion of the Companys
revenue and operating income from its manufacturing segment has been, and is
expected to continue to be, concentrated in a small number of customers.
The
Company derives and is expected to continue to derive significant portions of
its revenues and operating income in its manufacturing segment from sales of
products to Ford and DaimlerChrysler. As a result, the loss of, or reduced
demand from these customers could adversely effect the Companys revenues and
operating income.
-12-
Material changes in pension and other post-retirement
benefit costs may occur in the future. In addition, investment returns on
pension assets may be lower than assumed, which could result in larger cash
funding requirements for the Companys pension plans, which could have an
adverse impact on it.
The
Company maintains several defined benefit pension plans covering certain
employees in Canada and the United States. It records pension and
post-retirement benefit costs in amounts developed from actuarial valuations.
Inherent in these valuations are key assumptions including the discount rate
and expected long-term rate of return on plan assets. Material changes in
pension and other post-retirement benefit costs may occur in the future due to
changes in these assumptions, differences between actual experience and the
assumptions used, and changes in the benefit plans. Amounts required to be
funded are also dependent upon interest rates. Due to current interest rates
and investment returns, some of the plans are underfunded. The Company is
required to rectify this underfunding in accordance with federal guidelines.
The Company expects to be required to make substantial cash contributions
beginning in 2008 and continuing beyond such time. Moreover, if investment
returns on pension assets are lower than assumed, it may have substantially
larger cash funding requirements for its pension plans, which may have a
material adverse impact on its liquidity.
The Companys principal businesses are subject to government
regulation, including environmental regulation, and changes in current
regulations may adversely affect it.
The
Companys principal business activities are regulated and supervised by various
governmental bodies. Changes in laws, regulations or governmental policy or the
interpretations of those laws or regulations affecting its activities and those
of its competitors could have a material adverse effect on it.
For
example, the Companys various manufacturing operations, which have been
conducted at a number of facilities for many years, are subject to numerous
laws and regulations relating to the protection of human health and the
environment in the U.S., Canada and other countries. The Company believes that
it is in substantial compliance with such laws and regulations. However, as a
result of its operations, from time to time it is involved in administrative
and judicial proceedings and inquiries relating to environmental matters. Based
on information available to it at this time with respect to potential liability
involving these facilities, the Company believes that any such liability will
not have a material adverse effect on its financial condition, cash flows or
results of operations. However, modifications to existing laws and regulations
or the adoption of new laws and regulations in the future, particularly with
respect to environmental and safety standards, could require it to make
expenditures which may be material or may otherwise adversely impact its
operations.
The production of chemicals is associated with a variety of
hazards, which could create significant liabilities or cause the Companys
facilities to suspend its operations.
The
Companys operations are subject to various hazards incident to the production
of chemicals, including the use, handling, processing, storage and
transportation of certain hazardous materials. These hazards, which include the
risk of explosions, fires and chemical spills or releases, can cause personal
injury and loss of life, severe damage to and destruction of property and
equipment, environmental damage, suspension of operations and potentially
subject us to lawsuits relating to personal injury and property damages. Any
such event or circumstance could have a material adverse effect on its results
of operations or financial condition.
-13-
The
Companys facilities have been operated for many years by it or prior owners
and operators, and adverse environmental conditions of which it is not aware
may exist. The discovery of additional or unknown environmental contamination
at any of its current or former facilities could have a material adverse effect
on its financial condition, cash flows and/or results of operations.
The seasonal nature of the water treatment and chemical
processing businesses could increase the Companys costs or have other negative
effects.
Within
its performance chemicals segment, the water treatment and chemical processing
businesses have higher volumes in the second and third quarters of the year,
owing to higher spring and summer demand for sulfuric acid regeneration
services from gasoline refinery customers to meet peak summer driving season
demand and higher spring and summer demand from water treatment chemical
customers to manage seasonally high and low water conditions. The degree of
seasonal peaks and declines in the volumes of its business could increase its
costs, negatively impact its manufacturing efficiency, or have other negative
effects on its operations or financial performance.
The Company may not be able to obtain
insurance at its historical rates and its insurance coverage may not cover all
claims and losses.
The
Company maintains insurance coverage on its properties, machines, supplies and
other elements integral to its business and against certain third party
litigation, environmental matters and similar events. Due to recent changes in
market conditions in the insurance industry and other factors, the Company may
not be able to secure insurance at a similar cost to what it may have
previously paid, if at all. In addition, there are certain types of losses,
such as earthquakes, floods, hurricanes, terrorism, acts of war or product
warranty, that may be uninsurable or not economically insurable. Inflation,
changes in building codes and ordinances, environmental considerations, and
other factors, including terrorism or acts of war, also may make insurance
proceeds insufficient to repair or replace a property if it is damaged or
destroyed.
The Company is dependent upon many critical
systems and processes, many of which are dependent upon hardware that is
concentrated in a limited number of locations. If a catastrophe were to occur
at one or more of those locations, it could have a material adverse effect on
its business.
The
business is dependent on certain critical systems, which support various
aspects of its operations, from its computer network to its billing and
customer service systems. The hardware supporting a large number of such
systems is housed in a small number of locations. If one or more of these
locations were to be subject to fire, natural disaster, terrorism, power loss,
or other catastrophe, it could have a material adverse effect on its business.
While the Company believes that it maintains reasonable disaster recovery
programs, there can be no assurance that, despite these efforts, any disaster
recovery, security and service continuity protection measures it may have or
may take in the future will be sufficient.
In
addition, computer viruses, electronic break-ins or other similar disruptive
technological problems could also adversely affect its operations. The Companys
insurance policies may not adequately compensate it for any losses that may
occur due to any failures or interruptions in its computer systems.
The Company cannot predict the impact of
any asset or business disposition.
-14-
From time to time the Company considers
dispositions of assets or businesses. The Company cannot predict the types of
dispositions that may be undertaken in the future or the financial impact of
such actions. For example, after-tax cash proceeds received in connection with
any disposition would be dependent on levels of interest from potential
purchasers and the tax and other structuring elements of such transaction. As a
result, there can be no assurance as to the terms of any such disposition, the
level of any disruption to the operations of the Company caused by such
transaction, or the long-term effect of such transaction on the Companys
financial condition.
The Company has recently completed several acquisitions and
may continue to pursue new acquisitions or joint ventures, and any such
transaction could adversely affect operating results or result in increased
costs or other operating or management problems. The Company remains subject to
the ongoing risks of successfully integrating and managing the acquisitions and
joint ventures that have been completed.
The
Company has recently completed several acquisitions. These transactions expose
the Company to the risk of successfully integrating those acquisitions. Such
integration could impact various areas of the Companys business, including,
but not limited to, its workforce, management, production facilities,
information systems, accounting and financial reporting, and customer service.
Disruption to any of these areas could materially harm the Companys financial
condition or results of operations.
The
Company may continue to pursue new acquisitions or joint ventures in the
future, a pursuit which could consume substantial time and resources. The
successful implementation of the Companys operating strategy in current and
future acquisitions and joint ventures may require substantial attention from
its management team, which could divert management attention from existing
businesses. The businesses acquired, or the joint ventures entered into, may
not generate the cash flow and earnings, or yield the other benefits
anticipated at the time of their acquisition or formation. The risks inherent
in any such strategy could have an adverse impact on the Companys results of
operation or financial condition.
The Company may be unable to identify
liabilities associated with the properties that may be acquired or obtain
protection from sellers against them.
The
acquisition of properties requires assessment of a number of factors, including
physical condition and potential environmental and other liabilities. Such
assessments are inexact and inherently uncertain. The assessments made result
from a due diligence review of the subject properties, but such a review will
not reveal all existing or potential problems. The Company may not be able to
obtain contractual indemnities from the seller for liabilities that it created
or that were created by any predecessor of the seller. The Company may be
required to assume the risk of the physical or environmental condition of the
properties in addition to the risk that the properties may not perform in
accordance with expectations.
Risks Related to The Companys Common Stock
The market price of the Companys common stock is subject to
volatility.
The
market price of the Companys common stock could be subject to wide
fluctuations in response to numerous factors, many of which are beyond its
control. These factors include, among other things, actual or anticipated
variations in its operating results and cash flow, the nature and content of
its earnings releases and its competitors earnings releases, announcements of
technological innovations that impact its products, customers, competitors or
markets, changes in financial estimates by securities analysts, business
conditions in its markets and the general state of the securities markets and
the market
-15-
for similar
stocks, changes in capital markets that affect the perceived availability of
capital to companies in its industries, governmental legislation or regulation,
as well as general economic and market conditions, such as recessions.
Sales
of large amounts of the Companys common stock, or the perception that large
sales could occur, may cause volatility in its stock price. In connection with
GenTeks emergence from bankruptcy protection on November 10, 2003, the Company
issued an aggregate of 10,000,000 shares of its common stock to former holders
of its debt securities and other claimants. This relatively small float of
shares available for purchase/sale may result in share price volatility in
cases where an investor seeks, or is perceived to be seeking, to acquire or
divest a large block of shares in the public market .
The exercise of the Companys Tranche B and
Tranche C warrants could create substantial dilution, or there may be other
events which would have a dilutive effect on its common stock .
The
Company currently has options and warrants outstanding covering the purchase of
approximately 3 million shares of common stock. If options or warrants to
purchase the Companys common stock are exercised, or other equity interests are
granted under its management and directors incentive plan or under other
plans adopted in the future, such equity interests will have a dilutive effect
on its common stock. The Company cannot predict the effect any such dilution
may have on the price of its common stock.
Item 1B. Unresolved
Staff Comments.
None
Gentek, Inc (GETI) - Description of business
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Research Report
Description
Level 2 quotes
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Balance Sheet
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Cash Flow Statement
Insiders
SEC Filings
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Earnings Report
Historical Prices
Recent Material Events
Key executives
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