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0000320193
20070202
10-Q
865
Because orders for components, and in some cases commitments to purchase components, must be placed in advance of customer orders, the Company faces substantial inventory risk.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
866
The Company records a write-down for inventories of components and products that have become obsolete or are in excess of anticipated demand or net realizable value and accrues necessary reserves for cancellation fees for orders of products and components that have been cancelled.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
867
Although the Company believes its inventory and related provisions are currently adequate, given the rapid and unpredictable pace of product obsolescence in the computer and consumer electronics industries and the transition to Intel-based Macintosh computers, no assurance can be given that the Company will not incur a...
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
868
In addition, such charges have had, and may have, a material effect on the Company’s financial position and results of operations.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
869
The Company must order components for its products and build inventory in advance of product shipments.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
870
Because the Company’s markets are volatile and subject to rapid technology and price changes there is a risk the Company will forecast incorrectly and produce or order from third parties excess or insufficient inventories of particular products.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
871
Consistent with industry practice, components are normally acquired through a combination of purchase orders, supplier contracts, and open orders based on projected demand information.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
872
Such purchase commitments typically cover the Company’s forecasted component and manufacturing requirements for periods ranging from 30 to 150 days.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
873
The Company’s operating results and financial condition have been in the past and may in the future be materially adversely affected by the Company’s ability to manage its inventory levels and respond to short-term shifts in customer demand patterns.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
874
The Company is dependent on manufacturing and logistics services provided by third parties, many of whom are located outside of the U.S.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
875
Most of the Company’s products are manufactured in whole or in part by third-party manufacturers.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
876
In addition, the Company has outsourced much of its transportation and logistics management.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
877
While outsourcing arrangements may lower the cost of operations, they also reduce the Company’s direct control over production and distribution.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
878
It is uncertain what effect such diminished control will have on the quality or quantity of the products manufactured or services rendered, or the flexibility of the Company to respond to changing market conditions.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
879
In addition, the Company is reliant on third-party manufacturers to adhere to the Company’s supplier code of conduct.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
880
Moreover, although arrangements with such manufacturers may contain provisions for warranty expense reimbursement, the Company may remain at least initially responsible to the consumer for warranty service in the event of product defects.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
881
Any unanticipated product defect or warranty liability, whether pursuant to arrangements with contract manufacturers or otherwise, could adversely affect the Company’s future operating results and financial condition.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
882
Final assembly of products sold by the Company is currently performed in the Company’s manufacturing facility in Cork, Ireland, and by external vendors in Fremont, California; Fullerton, California; the Republic of Korea; the People’s Republic of China; and the Czech Republic.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
883
Currently, manufacturing of many of the components used in the Company’s products is performed by third-party vendors in China, Japan, Korea, and Singapore.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
884
Final assembly of substantially all of the Company’s portable products, including MacBook Pros, MacBooks, and iPods, is performed by third-party vendors in China.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
885
The Company also anticipates that final assembly of the iPhone, which is expected to ship in June 2007, will be performed in China.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
886
If for any reason manufacturing or logistics in any of these locations is disrupted by regional economic, business, labor, environmental, public health, or political issues, or due to information technology system failures or military actions, the Company’s results of operations and financial condition could be adverse...
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
887
The Company’s future operating performance is dependent on the performance of distributors and other resellers of the Company’s products.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
888
The Company distributes its products through wholesalers, resellers, national and regional retailers, and cataloguers, many of whom distribute products from competing manufacturers.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
889
In addition, the Company sells many of its products and resells certain third-party products in most of its major markets directly to end-users, certain education customers, and certain resellers through its online stores around the world and its retail stores.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
890
Many of the Company’s resellers operate on narrow product margins and have been negatively impacted in the past by weak economic conditions.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
891
Considerable trade receivables that are not covered by collateral or credit insurance are outstanding with the Company’s distribution and retail channel partners.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
892
The Company’s business and financial results could be adversely affected if the financial condition of these resellers weakens, if resellers within consumer channels were to cease distribution of the Company’s products, or if uncertainty regarding demand for the Company’s products caused resellers to reduce their order...
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
893
The Company has invested and will continue to invest in various programs to enhance reseller sales, including staffing selected resellers’ stores with Company employees and contractors.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
894
These programs could require a substantial investment from the Company, while providing no assurance of return or incremental revenue to offset this investment.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
895
Over the past several years, an increasing proportion of the Company’s net sales have been made by the Company directly to end-users through its online stores around the world and through its retail stores in the U.S., Canada, Japan, and the U.K.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
896
Some of the Company’s resellers have perceived this expansion of the Company’s direct sales as conflicting with their own businesses and economic interests as distributors and resellers of the Company’s products.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
897
Perception of such a conflict could discourage the Company’s resellers from investing additional resources in the distribution and sale of the Company’s products or lead them to limit or cease distribution of the Company’s products.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
898
The Company’s business and financial results could be adversely affected if expansion of its direct sales to end-users causes some or all of its resellers to cease or limit distribution of the Company’s products.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
899
The Company relies on third-party digital content, which may not be available to the Company on commercially reasonable terms or at all.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
900
The Company contracts with third parties to offer their digital content to customers through the Company’s iTunes Store.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
901
The Company pays substantial fees to obtain the rights to offer to its customers this third-party digital content.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
902
The Company’s licensing arrangements with these third-party content providers are short-term in nature and do not guarantee the future renewal of these arrangements at commercially reasonable terms, if at all.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
903
Certain parties in the music industry have consolidated and formed alliances, which could limit the availability and increase the fees required to offer digital content to customers through the iTunes Store.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
904
Some third-party content providers currently or may in the future offer music products and services that compete with the Company’s music products and services, and could take action to make it more difficult or impossible for the Company to license their digital content in the future.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
905
Further, other distributors of third-party content or third-party content owners may seek to limit the Company’s access to or increase the total cost of such content.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
906
If the Company is unable to continue to offer a wide variety of digital content at reasonable prices with acceptable usage rules, or continue to expand its geographic reach outside the U.S., then sales and gross margins of the Company’s iTunes Store, as well as related hardware and peripherals, including iPods, may be ...
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
907
Third-party content providers and artists require that the Company provide certain digital rights management (“DRM”) solutions and other security mechanisms.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
908
If the requirements from content providers or artists change, then the Company may be required to further develop or license technology to address such new rights and requirements.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
909
In addition, certain countries have passed legislation or may propose legislation that would force the Company to license its DRM solutions so that content would be interoperable with competitor devices, which could lessen the protection of content and subject it to piracy and could also affect arrangements with the Co...
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
910
There is no assurance the Company will be able to develop or license such solutions at a reasonable cost and in a timely manner, if at all, which could have a materially adverse effect on the Company’s operating results and financial position.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
911
The Company’s future performance is dependent upon support from third-party software developers.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
912
If third-party software applications cease to be developed or available for the Company’s hardware products, then customers may choose not to buy the Company’s products.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
913
The Company believes decisions by customers to purchase the Company’s personal computers, as opposed to Windows-based systems, are often based on the availability of third-party software applications such as Microsoft Office.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
914
The Company also believes the availability of third-party application software for the Company’s hardware products depends in part on third-party developers’ perception and analysis of the relative benefits of developing, maintaining, and upgrading such software for the Company’s products versus software for the larger...
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
915
This analysis may be based on factors such as the perceived strength of the Company and its products, the anticipated potential revenue that may be generated, continued acceptance by customers of Mac OS X, and the costs of developing such software products.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
916
To the extent the minority market share held by the Company in the personal computer market has caused software developers to question the Company’s prospects in the personal computer market, developers could be less inclined to develop new application software or upgrade existing software for the Company’s products an...
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
917
The Company’s recent announcement that it plans to add a feature to the next version of Mac OS X that will enable Intel-based Macintosh systems to run Windows XP may deter developers from creating software applications for Mac OS X if such applications are available for the Windows platform.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
918
Moreover, there can be no assurance software developers will continue to develop software for Mac OS X on a timely basis or at all.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
919
During calendar year 2006, the Company transitioned its Macintosh line of computers from the PowerPC to Intel microprocessors.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
920
The Company depends on third-party software developers to timely develop current and future applications that run on Intel microprocessors.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
921
Universal versions of Microsoft Office and Adobe’s Creative Suite applications are not currently available.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
922
The lack of applications that run on Intel-based Macintosh systems, including Microsoft Office and Adobe Creative Suite, could have a materially adverse effect on the Company’s operating results and financial position.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
923
In addition, past and future development by the Company of its own software applications and solutions may negatively impact the decision of software developers, such as Microsoft and Adobe, to develop, maintain, and upgrade similar or competitive software for the Company’s products.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
924
The Company currently markets and sells a variety of software applications for use by professionals, consumers, and education customers that could influence the decisions of third-party software developers to develop or upgrade Macintosh-compatible software products.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
925
Software applications currently marketed by the Company include software for professional film and video editing, professional compositing and visual effects for large format film and video productions, professional music production and music post production, professional and consumer DVD encoding and authoring, profes...
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
926
Discontinuance of third-party software products for the Macintosh platform could have an adverse effect on the Company’s net sales and results of operations.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
927
The Company’s business relies on access to patents and intellectual property obtained from third parties, and the Company’s future results could be adversely affected if it is alleged or found to have infringed on the intellectual property rights of others.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
928
Many of the Company’s products are designed to include intellectual property obtained from third parties.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
929
While it may be necessary in the future to seek or renew licenses relating to various aspects of its products and business methods, the Company believes that based upon past experience and industry practice, such licenses generally could be obtained on commercially reasonable terms.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
930
However, there can be no assurance that the necessary licenses would be available or available on acceptable terms.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
931
Because of technological changes in the computer and consumer electronics industries, current extensive patent coverage, and the rapid rate of issuance of new patents, it is possible certain components of the Company’s products and business methods may unknowingly infringe existing patents of others.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
932
The Company has from time to time been notified that it may be infringing certain patents or other intellectual property rights of others.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
933
Responding to such claims, regardless of their merit, can be time-consuming, result in significant expenses, and cause the diversion of management and technical personnel.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
934
Several pending claims are in various stages of evaluation.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
935
The Company may consider the desirability of entering into licensing agreements in certain of these cases.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
936
However, no assurance can be given that such licenses can be obtained on acceptable terms or that litigation will not occur.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
937
In the event there is a temporary or permanent injunction entered prohibiting the Company from marketing or selling certain of its products or a successful claim of infringement against the Company requiring it to pay royalties to a third-party, the Company’s future operating results and financial condition could be ad...
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
938
Information regarding certain claims and litigation involving the Company related to alleged patent infringement and other matters is set forth in Part II, Item 1 of this Form 10-Q.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
939
In the opinion of management, the Company does not have a potential liability for damages or royalties from any current legal proceedings or claims related to the infringement of patent or other intellectual property rights of others that would individually or in the aggregate have a material adverse effect on its resu...
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
940
However, the results of such legal proceedings cannot be predicted with certainty.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
941
Should the Company fail to prevail in any of the matters related to infringement of patent or other intellectual property rights of others described in Part II, Item 1 of this Form 10-Q or should several of these matters be resolved against the Company in the same reporting period, the operating results of a particular...
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
942
Additionally, with the recently announced iPhone, the Company will compete with mobile communication device companies who hold significant patent portfolios.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
943
Regardless of the scope or validity of any such patents or the merits of any potential patent claims by competitors, the Company may have to engage in protracted litigation, enter into expensive agreements or settlements and/or modify its products in response to these patents.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
944
Any of these events could materially adversely impact the Company’s results of operations.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
945
The Company’s retail initiative has required and will continue to require a substantial investment and commitment of resources and is subject to numerous risks and uncertainties.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
946
Through January 31, 2007, the Company had opened 170 retail stores.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
947
The Company’s retail initiative has required substantial investment in equipment and leasehold improvements, information systems, inventory, and personnel.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
948
The Company has also entered into substantial operating lease commitments for retail space with lease terms ranging from 5 to 20 years, the majority of which are for 10 years.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
949
The Company could incur substantial costs should it choose to terminate these commitments or close individual stores.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
950
Such costs could adversely affect the Company’s results of operations and financial condition.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
951
Additionally, a relatively high proportion of the Retail segment’s costs are fixed because of personnel costs, depreciation of store construction costs, and lease expense.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
952
As a result, significant losses would result should the Retail segment experience a significant decline in sales for any reason.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
953
Certain of the Company’s stores have been designed and built to serve as high-profile venues that function as vehicles for general corporate marketing, corporate events, and brand awareness.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
954
Because of their unique design elements, locations and size, these stores require substantially more investment in equipment and leasehold improvements than the Company’s more typical retail stores.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
955
The Company has opened eight such stores through January 31, 2007.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
956
Because of their location and size, these high-profile stores also require the Company to enter into substantially larger operating lease commitments compared to those required for its more typical stores.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
957
Current leases on such locations have terms ranging from 10 to 14 years with total remaining commitments per location ranging from $4 million to $32 million.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
958
Closure or poor performance of any of these high-profile stores could have a significant negative impact on the Company’s results of operations and financial condition.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
959
Many of the general risks and uncertainties the Company faces could also have an adverse impact on its Retail segment.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
960
Also, many factors unique to retail operations, some of which are beyond the Company’s control, present risks and uncertainties that could adversely affect the Retail segment’s future results, cause its actual results to differ from those currently expected, and/or have an adverse effect on the Company’s results of ope...
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
961
Potential risks and uncertainties unique to retail operations that could have an adverse impact on the Retail segment include, among other things, macro-economic factors that have a negative impact on general retail activity; inability to manage costs associated with store construction and operation; inability to sell ...
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
962
Investment in new business strategies and initiatives could disrupt the Company’s ongoing business and may present risks not originally contemplated.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
963
The Company has and may in the future invest in new business strategies or engage in acquisitions that complement the Company’s strategic direction and product roadmap.
0001104659-07-006648/full-submission.txt
0000320193
20070202
10-Q
964
Such endeavors may involve significant risks and uncertainties, including distraction of management’s attention away from current business operations; insufficient revenue generation to offset liabilities assumed and expenses associated with the strategy; and unidentified issues not discovered in the Company’s due dili...
0001104659-07-006648/full-submission.txt