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|---|---|---|---|---|---|
0000320193 | 20070202 | 10-Q | 965 | 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 business, operating results or financial condition. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 966 | Declines in the sales of the Company’s professional products, software, accessories, or service and support contracts, or increases in sales of consumer products, including iPods, may negatively impact the Company’s gross margin and operating margin percentages. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 967 | The Company’s professional products, including MacBook Pro and Mac Pro systems, software, accessories, and service and support contracts, generally have higher gross margins than the Company’s consumer products, including the iMac, Mac mini, MacBook, iPod, and content from the iTunes Store. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 968 | A shift in sales mix away from higher margin professional products towards lower margin consumer products could adversely affect the Company’s future gross margin and operating margin percentages. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 969 | The Company’s traditional professional customers may choose to buy consumer products, specifically the iMac and MacBook, instead of professional products. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 970 | Professional users may choose to buy the iMac due to its relative price performance and unique design featuring a flat panel screen. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 971 | Professional users may also choose to purchase MacBooks instead of the Company’s professional-oriented portable products due to their price performance and screen size. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 972 | Additionally, significant future growth in iPod sales without corresponding growth in higher margin product sales could also reduce gross margin and operating margin percentages. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 973 | The Company expects its quarterly revenue and operating results to fluctuate for a variety of reasons. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 974 | The Company’s profit margins vary among its products and its distribution channels. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 975 | The Company’s direct sales, primarily through its retail and online stores, generally have higher associated profitability than its indirect sales. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 976 | In addition the Company’s gross margin and operating margin percentages, as well as overall profitability may be adversely impacted as a result of a shift in product, geographic or channel mix, or new product announcements, including the iPhone. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 977 | The Company generally sells more product during the third month of each quarter than it does during either of the first two months, a pattern typical in the personal computer and consumer electronics industries. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 978 | This sales pattern can produce pressure on the Company’s internal infrastructure during the third month of a quarter and may adversely impact the Company’s ability to predict its financial results accurately. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 979 | Furthermore, the Company has typically experienced greater net sales in the first and fourth fiscal quarters compared to other quarters in the fiscal year due to seasonal demand related to the holiday season and the beginning of the school year. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 980 | Developments late in a quarter, such as lower-than-anticipated demand for the Company’s products, an internal systems failure, or failure of one of the Company’s key logistics, components suppliers, or manufacturing partners, could have significant adverse impacts on the Company and its results of operations and financ... | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 981 | The Company has higher research and development and selling, general and administrative costs, as a percentage of revenue, than many of its competitors. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 982 | The Company’s ability to compete successfully and maintain attractive gross margins and revenue growth is heavily dependent upon its ability to ensure a continuing and timely flow of innovative and competitive products and technologies to the marketplace. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 983 | The Company is generally unique in that it designs and develops the entire solution for its personal computers and consumer electronics products, including the hardware, software, and related services. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 984 | As a result, the Company generally incurs higher research and development costs as a percentage of revenue than its competitors. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 985 | Many of these competitors seek to compete aggressively on price and maintain very low cost structures. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 986 | Further, as a result of the expansion of the Company’s Retail segment and costs associated with marketing the Company’s brand including its unique operating system, the Company incurs higher selling costs as a percentage of revenue than many of its competitors. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 987 | If the Company is unable to continue to develop and sell innovative new products with attractive gross margins, its results of operations may be materially adversely affected by its operating cost structure. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 988 | The Company is exposed to credit risk on its accounts receivable and prepayments related to long-term supply agreements. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 989 | This risk is heightened during periods when economic conditions worsen. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 990 | The Company distributes its products through third-party computer resellers and retailers and directly to certain educational institutions and commercial customers. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 991 | A substantial majority of the Company’s outstanding trade receivables are not covered by collateral or credit insurance. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 992 | The Company also has unsecured non-trade receivables from certain of its manufacturing vendors resulting from the sale by the Company of raw material components to these manufacturing vendors who manufacture sub-assemblies or assemble final products for the Company. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 993 | In addition, the Company has entered into long-term supply agreements to secure supply of NAND flash-memory and has prepaid a total of $1.25 billion under these agreements. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 994 | While the Company has procedures in place to monitor and limit exposure to credit risk on its trade and non-trade receivables as well as long-term prepayments, there can be no assurance such procedures will be effective in limiting its credit risk and avoiding losses. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 995 | Additionally, if the global economy or regional economies deteriorate, the Company would be more likely to incur a material loss or losses as a result of the weakening financial condition of one or more of its customers or manufacturing vendors. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 996 | The Company’s success depends largely on its ability to attract and retain key personnel. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 997 | Much of the future success of the Company depends on the continued service and availability of skilled personnel, including its Chief Executive Officer, members of its executive team, and those in technical, marketing and staff positions. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 998 | Experienced personnel in the technology industry are in high demand and competition for their talents is intense, especially in the Silicon Valley, where the majority of the Company’s key employees are located. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 999 | The Company has relied on its ability to grant stock options as one mechanism for recruiting and retaining this highly skilled talent. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,000 | Recent accounting regulations requiring the expensing of stock options have resulted in increased stock-based compensation expense, which may cause the Company to reduce the amount of stock-based awards issued to employees. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,001 | There can be no assurance that the Company will continue to successfully attract and retain key personnel. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,002 | The Company is subject to risks associated with the availability and coverage of insurance. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,003 | For certain risks, the Company does not maintain insurance coverage because of cost and/or availability. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,004 | Because the Company retains some portion of its insurable risks, and in some cases self insures completely, unforeseen or catastrophic losses in excess of insured limits may have a material adverse effect on the Company’s results of operations and financial position. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,005 | Failure of information technology systems and breaches in the security of data upon which the Company relies could adversely affect the Company’s future operating results. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,006 | Information technology system failures and breaches of data security could disrupt the Company’s ability to function in the normal course of business by potentially causing delays or cancellation of customer orders, impeding the manufacture or shipment of products, or resulting in the unintentional disclosure of custom... | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,007 | Management has taken steps to address these concerns for its own systems by implementing sophisticated network security and internal control measures. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,008 | However, there can be no assurance that a system failure or data security breach of the Company or a third-party vendor will not have a material adverse effect on the Company’s results of operations. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,009 | The Company’s business is subject to the risks of international operations. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,010 | A large portion of the Company’s revenue is derived from its international operations. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,011 | As a result, the Company’s operating results and financial condition could be significantly affected by risks associated with international activities, including economic and labor conditions, political instability, tax laws (including U.S. taxes on foreign subsidiaries), and changes in the value of the U.S. dollar ver... | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,012 | 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 and non-dollar denominated operating expenses incurred throughout the world. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,013 | Weaknesses in foreign currencies, particularly the Japanese Yen and the Euro, can adversely impact consumer demand for the Company’s products and the U.S. dollar value of the Company’s foreign currency denominated sales. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,014 | Conversely, a strengthening in these and other foreign currencies can cause the Company to modify international pricing and affect the value of the Company’s foreign denominated sales, and in some cases, may also increase the cost to the Company of some product components. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,015 | Margins on sales of the Company’s products in foreign countries, and on sales of products that include components obtained from foreign suppliers, can be adversely affected by foreign currency exchange rate fluctuations and by international trade regulations, including tariffs and antidumping penalties. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,016 | Derivative instruments, such as foreign exchange forward and option positions have been utilized by the Company to hedge exposures to fluctuations in foreign currency exchange rates. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,017 | The use of such hedging activities may not offset more than a portion of the adverse financial impact resulting from unfavorable movements in foreign exchange rates. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,018 | Further information related to the Company’s global market risks may be found in Part II, Item 7A of the 2006 Form 10-K for the year ended September 30, 2006 under the subheading “Foreign Currency Risk” and may be found in Part II, Item 8 of the 2006 Form 10-K at Notes 1 and 3 of Notes to Consolidated Financial Stateme... | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,019 | The Company is subject to risks associated with environmental regulations. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,020 | Production and marketing of products in certain states and countries may subject the Company to environmental and other regulations including, in some instances, the requirement to provide customers the ability to return product at the end of its useful life, and place responsibility for environmentally safe disposal o... | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,021 | Such laws and regulations have recently been passed in several jurisdictions in which the Company operates, including various European Union member countries, Japan, and certain states within the U.S. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,022 | Although the Company does not anticipate any material adverse effects in the future based on the nature of its operations and the thrust of such laws, there is no assurance such existing laws or future laws will not have a material adverse effect on the Company’s financial condition, liquidity, or results of operations... | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,023 | Changes in accounting rules could affect the Company’s future operating results. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,024 | Financial statements are prepared in accordance with U.S. generally accepted accounting principles. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,025 | These principles are subject to interpretation by various governing bodies, including the FASB and the SEC, who create and interpret appropriate accounting standards. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,026 | A change from current accounting standards could have a significant effect on the Company’s results of operations. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,027 | In December 2004, the FASB issued new guidance that addresses the accounting for share-based payments, SFAS No. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,028 | 123R, which the Company adopted in 2006. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,029 | Although the adoption of SFAS No. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,030 | 123R has had and is expected to continue to have a significant impact on the Company’s results of operations, future changes to various assumptions used to determine the fair-value of awards issued or the amount and type of equity awards granted create uncertainty as to the amount of future stock-based compensation exp... | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,031 | Changes in the Company’s tax rates could affect its future results. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,032 | The Company’s future effective tax rates could be favorably or unfavorably affected by changes in the mix of earnings in countries with differing statutory tax rates, changes in the valuation of the Company’s deferred tax assets and liabilities, or by changes in tax laws or their interpretation. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,033 | In addition, the Company is subject to the continuous examination of its income tax returns by the Internal Revenue Service and other tax authorities. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,034 | The Company regularly assesses the likelihood of adverse outcomes resulting from these examinations to determine the adequacy of its provision for income taxes. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,035 | There can be no assurance the outcomes from these continuous examinations will not have an adverse effect on the Company’s results of operations and financial condition. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,036 | The Company’s stock price may be volatile. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,037 | The Company’s stock has at times experienced substantial price volatility as a result of variations between its actual and anticipated financial results and as a result of announcements by the Company and its competitors. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,038 | The stock market has, at times, experienced extreme price and volume fluctuations that have affected the market price of many technology companies in ways that may have been unrelated to the operating performance of these companies. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,039 | Furthermore, the Company believes its stock price reflects high future growth and profitability expectations. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,040 | If the Company fails to meet these expectations its stock price may significantly decline. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,041 | In addition, increases in the Company’s stock price may result in greater dilution of earnings per share. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,042 | For additional discussion of these and other factors affecting the Company’s future results and financial condition, see Item 1, “Business” in the Company’s 2006 Form 10-K. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,043 | Item 6. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,044 | Exhibits
(a) Index to Exhibits
Incorporated by Reference
Exhibit
Number
Exhibit Description
Form
Filing Date/
Period End Date
Filed/Furnished
Herewith
3.1
Restated Articles of Incorporation, filed
with the Secretary of State of the State of
California on January 27, 1988. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,045 | S-3
7/27/88
3.2
Certificate of Amendment to Restated Articles of
Incorporation, filed with the Secretary of
State of the State of California on May 4,
2000. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,046 | 10-Q
5/11/00
3.3
By-Laws of the Company, as amended
through June 7, 2004. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,047 | 10-Q
6/26/04
3.4
Certificate of Amendment to Restated Articles
of Incorporation, as amended, filed with the
Secretary of State of the State of California on
February 25, 2005. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,048 | 10-Q
3/26/05
3.5
Certificate of Ownership as filed with the Secretary of
State of the State of California on January 9, 2007. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,049 | 8-K
1/9/07
4.1**
Form of Stock Certificate of the Registrant. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,050 | X
4.9
Certificate of Determination of Preferences of
Series A Non-Voting Convertible Preferred
Stock of Apple Computer, Inc.
10-K
9/26/97
10.A.3
Apple Computer, Inc. Savings and Investment
Plan, as amended and restated effective as of
October 1, 1990. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,051 | 10-K
9/27/91
10.A.3-1
Amendment of Apple Computer, Inc. Savings
and Investment Plan dated March 1, 1992. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,052 | 10-K
9/25/92
10.A.3-2
Amendment No. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,053 | 2 to the Apple Computer,
Inc. Savings and Investment Plan. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,054 | 10-Q
3/28/97
10.A.5
1990 Stock Option Plan, as amended through
November 5, 1997. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,055 | 10-Q
12/26/97
10.A.6
Apple Computer, Inc. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,056 | Employee Stock
Purchase Plan, as amended through April 21, 2005. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,057 | 10-Q
3/26/05
10.A.8
Form of Indemnification Agreement between
the Registrant and each officer of the Registrant. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,058 | 10-K
9/26/97
10.A.43
NeXT Computer, Inc. 1990 Stock Option
Plan, as amended. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,059 | S-8
3/21/97
10.A.49
1997 Employee Stock Option Plan, as
amended through October 19, 2001. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,060 | 10-K
9/28/02
10.A.50
1997 Director Stock Option Plan. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,061 | 10-Q
3/27/98
10.A.51
2003 Employee Stock Plan, as
amended through November 9, 2005. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,062 | 10-K
9/24/05
10.A.52
Reimbursement Agreement dated as of
May 25, 2001 by and between the Registrant and
Steven P. Jobs. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,063 | 10-Q
6/29/02
10.A.53
Option Cancellation and Restricted Stock Award
Agreement dated as of March 19, 2003 by and
between the Registrant and Steven P. Jobs. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 1,064 | 10-Q
6/28/03
10.A.54
Form of Restricted Stock Unit Award Agreement. | 0001104659-07-006648/full-submission.txt |
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