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| BGPTQ.PK > SEC Filings for BGPTQ.PK > Form 8-K on 9-Oct-2009 | All Recent SEC Filings |
9-Oct-2009
Bankruptcy or Receivership
EXHIBIT
NUMBER DESCRIPTION
99.1 Second Amended Joint Plan of BearingPoint, Inc. and its Subsidiaries
under Chapter 11 of the Bankruptcy Code, dated October 5, 2009.
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Forward-Looking Statements
Some of the statements in this Form 8-K constitute "forward-looking statements"
within the meaning of the United States Private Securities Litigation Reform Act
of 1995, including, without limitation, certain statements regarding the
Company's bankruptcy, plan of liquidation and the sale of the Company's
businesses. Words such as "will," "expects," "believes" and similar expressions
are used to identify these forward-looking statements. Forward-looking
statements are not historical, but are based on current expectations, estimates
and projections concerning future developments and their potential effects upon
the Company and its subsidiaries. These statements are only predictions and as
such are not guarantees of future performance and involve risks, uncertainties
and assumptions that are difficult to predict and actual results may differ
materially from those projected. Factors that could cause actual results to
differ materially from those projected in such forward-looking statements
include, without limitation: (i) the ability of the Company to continue as a
going concern; (ii) the Company's ability to obtain court approval with respect
to motions in the Chapter 11 proceedings; (iii) the ability of the Company and
its subsidiaries to prosecute, develop and consummate one or more plans of
liquidation with respect to the Chapter 11 proceedings; (iv) the effects of the
Company's Chapter 11 filing on the Company and the interests of various
creditors, equity holders and other constituents; (v) Bankruptcy Court rulings
in the Chapter 11 cases and the outcome of the proceedings in general; (vi) the
length of time the Company will operate under the Chapter 11 proceedings;
(vii) risks associated with third party motions in the Chapter 11 proceedings,
which may interfere with the Company's ability to develop and consummate one or
more plans of liquidation; (viii) the potential adverse effects of the
Chapter 11 proceedings on the Company's liquidity or results of operations;
(ix) the ability of the Company to enter into definitive agreements with respect
to the sale of its remaining businesses and assets, and to consummate such sale
transactions on favorable terms, if at all, and other risks and uncertainties
inherent in transactions involving the sale of such businesses, including,
without limitation, the diversion of management attention from the operation of
such businesses and risks associated with any failure to consummate such sale
transactions; (x) the ability of the Company to satisfy conditions to the
closing of any such sale transactions and the ability of third parties to
fulfill their obligations pursuant to sale agreements, including their ability
to obtain financing under current financial market conditions; (xi) management
of cash resources; (xii) claims made after the Commencement Date and other
claims that are not discharged in the Chapter 11 proceedings; (xiii) increased
legal costs related to the bankruptcy cases and other litigation; and
(xiv) risks described under "Risk Factors" and elsewhere in the Company's Annual
Report on Form 10-K and subsequent filings with the Securities and Exchange
Commission. The Company does not intend, and is under no obligation, to update
any particular forward-looking statements, whether as a result of new
information, future events or otherwise.
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