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0000320193 | 20110421 | 10-Q | 635 | Any of these events could have a material adverse impact on the Company’s financial condition and operating results. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 636 | In certain cases, the Company may consider the desirability of entering into licensing agreements, although no assurance can be given that such licenses can be obtained on acceptable terms or that litigation will not occur. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 637 | These licenses may also significantly increase the Company’s operating expenses. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 638 | If the Company is found to be infringing one or more patents, it may be required to pay substantial damages. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 639 | If there is a temporary or permanent injunction prohibiting the Company from marketing or selling certain products or a successful claim of infringement against the Company requires it to pay royalties to a third party, the Company’s financial condition and operating results could be materially adversely affected, rega... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 640 | While in management’s opinion the Company does not have a potential liability for damages or royalties from any known current legal proceedings or claims related to the infringement of patent or other intellectual property rights that would individually or in the aggregate materially adversely affect its financial cond... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 641 | Should the Company fail to prevail in any of the matters related to infringement of patent or other intellectual property rights of others or should several of these matters be resolved against the Company in the same reporting period, the Company’s financial condition and operating results could be materially adversel... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 642 | The Company’s future performance depends on support from third-party software developers. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 643 | If third-party software applications and services cease to be developed and maintained for the Company’s products, customers may choose not to buy the Company’s products. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 644 | The Company believes decisions by customers to purchase its hardware products, including its iPhones, iPads, Macs and iPods, are often based to a certain extent on the availability of third-party software applications, and services, including online services. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 645 | There is no assurance that third-party developers will continue to develop and maintain applications and services for the Company’s products on a timely basis or at all, and discontinuance or delay of these applications and services could materially adversely affect the Company’s financial condition and operating resul... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 646 | With respect to its Mac products, the Company believes the availability of third-party software applications and services depends in part on the developers’ perception and analysis of the relative benefits of developing, maintaining, and upgrading such software for the Company’s products compared to Windows-based produ... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 647 | This analysis may be based on factors such as the perceived strength of the Company and its products, the anticipated revenue that may be generated, continued acceptance by customers of Mac OS X, and the costs of developing such applications and services. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 648 | If the Company’s minority share of the global personal computer market causes developers to question the Company’s prospects, developers could be less inclined to develop or upgrade software for the Company’s products and more inclined to devote their resources to developing and upgrading software for the larger Window... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 649 | The Company’s development of its own software applications and services may also negatively affect the decisions of third-party developers, such as Microsoft, Adobe and Google, to develop, maintain, and upgrade similar or competitive software and services for the Company’s products. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 650 | With respect to iPhone, iPad and iPod touch, the Company relies on the continued availability and development of compelling and innovative software applications. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 651 | Unlike third-party software applications for Mac products, the software applications for the iPhone, iPad and iPod touch platforms are distributed through a single distribution channel, the App Store. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 652 | The absence of multiple distribution channels, which are available for competing platforms, may limit the availability and acceptance of third-party applications by the Company’s customers, thereby causing developers to curtail significantly, or stop, development for the Company’s platforms. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 653 | In addition, iPhone, iPad and iPod touch are subject to rapid technological change, and, if third-party developers are unable to keep up with this pace of change, third-party applications might not successfully operate and may result in dissatisfied customers. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 654 | Further, if the Company develops its own software applications and services, such development may negatively affect the decisions of third-party developers to develop, maintain, and upgrade similar or competitive applications for the iPhone, iPad and iPod touch platforms. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 655 | As with applications for the Company’s Mac products, the availability and development of these applications also depend on developers’ perceptions and analysis of the relative benefits of developing software for the Company’s products rather than its competitors’ products, including devices that use competing platforms... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 656 | If developers focus their efforts on these competing platforms, the availability and quality of applications for the Company’s devices may suffer. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 657 | The Company’s future operating performance depends on the performance of distributors, carriers and other resellers. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 658 | The Company distributes its products through wholesalers, resellers, national and regional retailers, value-added resellers, and cataloguers, many of whom distribute products from competing manufacturers. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 659 | The Company also sells many of its products and resells third-party products in most of its major markets directly to customers, certain education customers, cellular network carriers’ distribution channels and certain resellers through its online and retail stores. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 660 | Many resellers operate on narrow operating margins and have been negatively affected in the past by weak economic conditions. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 661 | Some resellers have perceived the expansion of the Company’s direct sales as conflicting with their business interests as distributors and resellers of the Company’s products. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 662 | Such a perception could discourage resellers from investing resources in the distribution and sale of the Company’s products or lead them to limit or cease distribution of those products. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 663 | The Company’s financial condition and operating results could be materially adversely affected if the financial condition of these resellers weakens, if resellers stopped distributing the Company’s products, or if uncertainty regarding demand for the Company’s products caused resellers to reduce their ordering and mark... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 664 | The Company has invested and will continue to invest in programs to enhance reseller sales, including staffing selected resellers’ stores with Company employees and contractors and improving product placement displays. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 665 | These programs could require a substantial investment while providing no assurance of return or incremental revenue. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 666 | The Company’s Retail business has required and will continue to require a substantial investment and commitment of resources and is subject to numerous risks and uncertainties. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 667 | The Company’s retail stores have required substantial fixed investment in equipment and leasehold improvements, information systems, inventory and personnel. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 668 | The Company also has entered into substantial operating lease commitments for retail space, with terms ranging from five to 20 years, the majority of which are for 10 years. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 669 | Certain stores have been designed and built to serve as high-profile venues to promote brand awareness and serve as vehicles for corporate sales and marketing activities. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 670 | Because of their unique design elements, locations and size, these stores require substantially more investment than the Company’s more typical retail stores. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 671 | Due to the high fixed cost structure associated with the Retail segment, a decline in sales or the closure or poor performance of individual or multiple stores could result in significant lease termination costs, write-offs of equipment and leasehold improvements, and severance costs that could materially adversely aff... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 672 | Many factors unique to retail operations, some of which are beyond the Company’s control, pose risks and uncertainties that could materially adversely affect the Company’s financial condition and operating results. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 673 | These risks and uncertainties include, but are not limited to, macro-economic factors that could have a negative effect on general retail activity, as well as the Company’s inability to manage costs associated with store construction and operation, inability to sell third-party products at adequate margins, failure to ... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 674 | Investment in new business strategies and initiatives could disrupt the Company’s ongoing business and present risks not originally contemplated. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 675 | The Company has invested, and in the future may invest, in new business strategies or acquisitions. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 676 | Such endeavors may involve significant risks and uncertainties, including distraction of management from current operations, insufficient revenue to offset liabilities assumed and expenses associated with the strategy, inadequate return of capital, and unidentified issues not discovered in the Company’s due diligence. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 677 | Because these new ventures are inherently risky, no assurance can be given that such strategies and initiatives will be successful and will not materially adversely affect the Company’s financial condition and operating results. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 678 | The Company’s products and services experience quality problems from time to time that can result in decreased sales and operating margin. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 679 | The Company sells highly complex hardware and software products and services that can contain defects in design and manufacture. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 680 | Sophisticated operating system software and applications, such as those sold by the Company, often contain “bugs” that can unexpectedly interfere with the software’s intended operation. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 681 | Defects may also occur in components and products the Company purchases from third parties. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 682 | There can be no assurance the Company will be able to detect and fix all defects in the hardware, software and services it sells. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 683 | Failure to do so could result in lost revenue, harm to reputation, and significant warranty and other expenses, and could have a material adverse impact on the Company’s financial condition and operating results. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 684 | The Company is subject to risks associated with laws, regulations and industry-imposed standards related to mobile communications and media devices. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 685 | Laws and regulations related to mobile communications and media devices in the many jurisdictions in which the Company operates are extensive and subject to change. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 686 | Such changes, which could include but are not limited to restrictions on production, manufacture, distribution, and use of the device, locking the device to a carrier’s network, or mandating the use of the device on more than one carrier’s network, could materially adversely affect the Company’s financial condition and... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 687 | Mobile communication and media devices, such as iPhones and 3G enabled iPads, are subject to certification and regulation by governmental and standardization bodies, as well as by cellular network carriers for use on their networks. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 688 | These certification processes are extensive and time consuming, and could result in additional testing requirements, product modifications or delays in product shipment dates, which could materially adversely affect the Company’s financial condition and operating results. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 689 | The Company’s success depends largely on the continued service and availability of key personnel. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 690 | Much of the Company’s future success depends on the continued availability and service of key personnel, including its CEO, its executive team and highly skilled employees in technical, marketing and staff positions. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 691 | Experienced personnel in the technology industry are in high demand and competition for their talents is intense, especially in the Silicon Valley, where most of the Company’s key personnel are located. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 692 | The Company’s CEO has taken a medical leave of absence and will continue to be involved in major strategic decisions during his leave. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 693 | There can be no assurance that the Company will continue to attract and retain key personnel. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 694 | Political events, war, terrorism, public health issues, natural disasters and other circumstances could materially adversely affect the Company. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 695 | War, terrorism, geopolitical uncertainties, public health issues, and other business interruptions have caused and could cause damage or disruption to international commerce and the global economy, and thus could have a strong negative effect on the Company, its suppliers, logistics providers, manufacturing vendors and... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 696 | The Company’s business operations are subject to interruption by natural disasters, fire, power shortages, nuclear power plant accidents, terrorist attacks, and other hostile acts, labor disputes, public health issues, and other events beyond its control. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 697 | Such events could decrease demand for the Company’s products, make it difficult or impossible for the Company to make and deliver products to its customers, including channel partners, or to receive components from its suppliers, and create delays and inefficiencies in the Company’s supply chain. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 698 | Should major public health issues, including pandemics, arise, the Company could be negatively affected by more stringent employee travel restrictions, additional limitations in freight services, governmental actions limiting the movement of products between regions, delays in production ramps of new products, and disr... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 699 | The majority of the Company’s research and development activities, its corporate headquarters, information technology systems, and other critical business operations, including certain component suppliers and manufacturing vendors, are in locations that could be affected by natural disasters. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 700 | In the event of a natural disaster, losses and significant recovery time could be required to resume operations and the Company’s financial condition and operating results could be materially adversely affected. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 701 | Please also refer to the discussion of risks related to the March 11, 2011, Japan earthquake and tsunami in Part I, Item 2, “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” under the subheading “Japan Earthquake and Tsunami,” which is incorporated herein by reference. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 702 | The Company may be subject to information technology system failures, network disruptions and breaches in data security. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 703 | Information technology system failures, network disruptions and breaches of data security caused by such factors including, but not limited to, earthquakes, fire, theft, fraud, malicious attack or other causes could disrupt the Company’s operations by causing delays or cancellation of customer, including channel partne... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 704 | While management has taken steps to address these concerns by implementing sophisticated network security and internal control measures, there can be no assurance that a system failure or loss or data security breach will not materially adversely affect the Company’s financial condition and operating results. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 705 | The Company expects its quarterly revenue and operating results to fluctuate for a variety of reasons. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 706 | The Company’s profit margins vary among its products and its distribution channels. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 707 | The Company’s software, accessories, and service and support contracts generally have higher gross margins than certain of the Company’s other products. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 708 | Gross margins on the Company’s hardware products vary across product lines and can change over time as a result of product transitions, pricing and configuration changes, and component, warranty, and other cost fluctuations. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 709 | The Company’s direct sales generally have higher associated gross margins than its indirect sales through its channel partners. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 710 | In addition, the Company’s gross margin and operating margin percentages, as well as overall profitability, may be materially adversely impacted as a result of a shift in product, geographic or channel mix, new products, component cost increases, strengthening U.S. dollar, or price competition. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 711 | The Company has typically experienced greater net sales in the first and fourth fiscal quarters compared to the second and third fiscal quarters due to seasonal demand related to the holiday season and the beginning of the school year, respectively. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 712 | Furthermore, the Company sells more products from time-to-time during the third month of a quarter than it does during either of the first two months. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 713 | Developments late in a quarter, such as lower-than-anticipated demand for the Company’s products, issues with new product introductions, an internal systems failure, or failure of one of the Company’s key logistics, components supply, or manufacturing partners, could have a material adverse impact on the Company’s fina... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 714 | The Company’s stock price continues to be volatile. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 715 | The Company’s stock has at times experienced substantial price volatility due to a number of factors including, but not limited to variations between its actual and anticipated financial results, announcements by the Company and its competitors, and uncertainty about current global economic conditions. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 716 | The stock market as a whole also has experienced extreme price and volume fluctuations that have affected the market price of many technology companies in ways that may have been unrelated to these companies’ operating performance. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 717 | Furthermore, the Company believes its stock price reflects high future growth and profitability expectations. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 718 | If the Company fails to meet these expectations its stock price may significantly decline, which could have a material adverse impact on investor confidence and employee retention. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 719 | The Company’s business is subject to the risks of international operations. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 720 | The Company derives a significant portion of its revenue and earnings from its international operations. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 721 | Compliance with U.S. and foreign laws and regulations that apply to the Company’s international operations, including without limitation import and export requirements, anti-corruption laws, tax laws (including U.S. taxes on foreign subsidiaries), foreign exchange controls and cash repatriation restrictions, data priva... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 722 | Furthermore, the Company has implemented policies and procedures designed to ensure compliance with these laws and regulations, but there can be no assurance that the Company’s employees, contractors, or agents will not violate such laws and regulations or the Company’s policies. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 723 | Any such violations could individually or in the aggregate materially adversely affect the Company’s financial condition or operating results. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 724 | The Company’s financial condition and operating results also could be significantly affected by other risks associated with international activities including, but not limited to, economic and labor conditions, increased duties, taxes and other costs, political instability, and changes in the value of the U.S. dollar v... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 725 | Margins on sales of the Company’s products in foreign countries, and on sales of products that include components obtained from foreign suppliers, could be materially adversely affected by foreign currency exchange rate fluctuations and by international trade regulations, including duties, tariffs and antidumping penal... | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 726 | Additionally, the Company is exposed to credit and collectability risk on its trade receivables with customers in certain international markets. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 727 | There can be no assurance it can effectively limit its credit risk and avoid losses, which could materially adversely affect the Company’s financial condition and operating results. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 728 | The Company’s primary exposure to movements in foreign currency exchange rates relate to non-U.S. dollar denominated sales in Europe, Japan, Australia, Canada and certain parts of Asia, as well as non-U.S. dollar denominated operating expenses incurred throughout the world. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 729 | Weakening of foreign currencies relative to the U.S. dollar will adversely affect the U.S. dollar value of the Company’s foreign currency-denominated sales and earnings, and generally will lead the Company to raise international pricing, potentially reducing demand for the Company’s products. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 730 | In some circumstances, due to competition or other reasons, the Company may decide not to raise local prices to the full extent of the dollar’s strengthening, or at all, which would adversely affect the U.S. dollar value of the Company’s foreign currency denominated sales and earnings. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 731 | Conversely, a strengthening of foreign currencies, while generally beneficial to the Company’s foreign currency-denominated sales and earnings, could cause the Company to reduce international pricing and incur losses on its foreign currency derivative instruments, thereby limiting the benefit. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 732 | Additionally, strengthening of foreign currencies may also increase the Company’s cost of product components denominated in those currencies, thus adversely affecting gross margins. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 733 | The Company has used derivative instruments, such as foreign currency forward and option contracts, to hedge certain exposures to fluctuations in foreign currency exchange rates. | 0001193125-11-104388/full-submission.txt |
0000320193 | 20110421 | 10-Q | 734 | The use of such hedging activities may not offset any or more than a portion of the adverse financial effects of unfavorable movements in foreign exchange rates over the limited time the hedges are in place. | 0001193125-11-104388/full-submission.txt |
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