Item 8.01 Other Events.
Safe Harbor for Forward-Looking Statements
Certain statements contained in this report may constitute forward-looking
statements within the meaning of Section 27A of the Securities Act of 1933 and
Section 21E of the Securities Exchange Act of 1934. All statements, other than
statements of historical fact, are statements that could be deemed
forward-looking statements, including statements containing the words
"predicts," "plans," "expects," "anticipates," "believes," "goal," "target,"
"estimate," "potential," "may," "might," "could," "see," "seek," "forecast," and
similar words. Forward-looking statements are based on the Company's current
plans and expectations and involve risks and uncertainties which are, in many
instances, beyond the Company's control, and which could cause actual results to
differ materially from those included in or contemplated or implied by the
forward-looking statements. Such risks and uncertainties include, among others:
(i) the occurrence of any event, change or other circumstance that could give
rise to the termination of the Merger Agreement; (ii) the failure to satisfy any
of the remaining conditions to the completion of the proposed Merger; (iii) any
difficulties of Vista or Elliott in financing the Merger as a result of
uncertainty or adverse developments in the debt or equity capital markets or
otherwise; (iv) the effect of the announcement of the proposed Merger on the
ability of the Company to retain and hire key personnel and maintain
relationships with its key business partners and customers, and others with whom
it does business, or on its operating results and businesses generally; (v) the
response of competitors to the proposed Merger; (vi) risks associated with the
disruption of management's attention from ongoing business operations due to the
proposed Merger; (vii) the ability to meet expectations regarding the timing and
completion of the proposed Merger; (viii) significant costs associated with the
proposed Merger; (ix) potential litigation relating to the proposed Merger;
(x) restrictions during the pendency of the proposed Merger that may impact the
Company's ability to pursue certain business opportunities; and (xi) the other
risks, uncertainties and factors detailed in the Company's filings with the
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