Post by Admin on Sept 3, 2004 2:11:47 GMT -5
Good Morning,
I know you're packing for the long week-end so I won't keep you long. PW brought up an excellent point today regarding AZMN's 10-K. His point that the filings which BTW are ancient history, are in my opinion the precursors to our move back to the OTC:BB and ultimately the AMEX where we belong, and are in his words, "HUGE"!
I told you they were coming but nobody ever believes me. This is only the first in a succession of filings. He also pointed out that the language was bleak. If I'm not mistaken, the original claim where AZCO's enormous Mica and Feldspathic Hi-Tech Sand deposits reside, were originally owned by Floyd Bleak. Correct me if I'm wrong PW.
10-K language for an up and comer is intentionally negative to satisfy the SEC and protect investors. Slick accountants may attempt to blow past the regulators with forward looking statements that are without substance because by the time they are found out, they're long gone. Companies that paint a dismal picture deserve respect because they have a plan, and plan on sticking around.
Let's take a brief look at a portion of HDWR's 10-K when the stock was trading at .50 - Keep in mind we knew the people when Covol became HDWR.
_________________________________________________________________
10K
In addition to patent protection, Covol also relies on trade secrets, know-how and confidentiality agreements to protect the Covol binder technologies. However, such methods may not afford complete protection and there can be no assurance that others will not independently develop such know-how or obtain access to Covol's know-how, concepts, ideas, and documentation.
In order for operating activities to produce significant positive cash flow, Covol and its licensees must successfully address certain operating issues and marketing difficulties. These problems have delayed Covol's expected growth in license fees, and have resulted in lower than expected cash flows and higher than expected capital requirements. Operating issues which must be addressed include, but are not limited to, feedstock availability, moisture content, Btu content, correct application of binder formulation, operability of equipment, product durability, resistance to water absorption and overall costs of operations, which in many cases to date have resulted in unit costs in excess of synthetic fuel sale prices. Marketing difficulties which must be addressed relate to market acceptance of products manufactured using Covol's technology. Industrial coal users must be satisfied that the synthetic fuel is a suitable substitute for standard coal products. Moisture content, hardness, special handling requirements and other characteristics of the synthetic fuel product may affect its marketability and its sales price. Many industrial coal users are also limited in the amount of synthetic fuel product they can purchase from Covol and its licensees because they have committed to purchase a substantial portion of their coal requirements through long-term coal contracts already in place. Reliance on spot markets and the overall downward trend in coal prices have generally produced lower sales prices as compared to long-term coal supply contracts common in the utility industry. Market acceptance of the synthetic fuel product appears to have improved during 1999 even though Covol's owned facilities and its licensees have only been able to secure long-term contracts for the sale of a small portion of their production. The suitability of synthetic fuel as a coal substitute, particularly the quality characteristics of synthetic fuel, and the traditional long-term supply contract practices of fuel buying in the utility industry, have made the identification of purchasers of synthetic fuel difficult. Covol
Headwaters technologies described above have not been commercially applied. No assurance can be given that Headwaters will be able to implement these applications profitably or that the development of these alternative applications will be the most profitable use of Headwaters' limited financial and managerial resources.
Failure by Headwaters or its licensees to maintain necessary permits to operate alternative fuel plants and to comply with permit requirements could have a material adverse effect on Headwaters or its licensees. Other developments, such as the enactment of more stringent environmental laws and regulations, could require Headwaters or its licensees to incur significant capital expenditures. If Headwaters or its licensees do not have the financial resources or are otherwise unable to comply with such laws and regulations, or if compliance substantially increases production costs, these results could also have a material adverse effect on Headwaters.
Net cash provided by operating activities during the year ended September 30, 2000 was $6,608,000 compared to $17,516,000 of cash used during the year ended September 30, 1999. Most of this change in cash flow from operating activities is attributable to the 2000 net income of $3,682,000 as compared to the 1999 net loss of $28,393,000.
Forward Looking Statements Statements in this Management's Discussion and Analysis regarding Headwaters' expectations as to the operation of facilities utilizing Headwaters' technologies, the marketing of products, the receipt of licensing fees, royalties, and product sales revenues, the development, commercialization and financing of non-alternative fuel 20 technologies and other strategic business opportunities and acquisitions and other information about Headwaters that is not purely historical by nature, including those statements regarding Headwaters' future business plans, the operation of facilities, the availability of feedstocks, the marketability of the alternative fuel and the financial viability of the facilities, constitute forward looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Although Headwaters believes that its expectations are based on reasonable assumptions within the bounds of its knowledge of its business and operations, there can be no assurance that actual results will not differ materially from its expectations. In addition to matters affecting the alternative fuel industry or the economy generally, factors which could cause actual results to differ from expectations stated in these forward looking statements include, among others, the following: (1) The commercial success of Headwaters' technologies. (2) Operating issues for licensed facilities including feedstock availability, moisture content, Btu content, correct application of chemical reagent, significant chemical change, operability of equipment, production capacity, product durability, resistance to water absorption and overall costs of operations. (3) Marketing issues relating to market acceptance of products manufactured using Headwaters' technologies, including control of moisture content, hardness, special handling requirements and other characteristics of the alternative fuel product which affect its marketability and its sales price. (4) Securing of suitable facility sites, including permits and raw materials, for relocation and operation of facilities and product sales. (5) The market acceptance of products manufactured with Headwaters' technologies in the face of competition from traditional products. (6) Dependence on licensees to successfully implement Headwaters' chemical technologies and making license and other payments to Headwaters. (7) Maintenance of placed-in-service requirements under Section 29 of the tax code by alternative fuel manufacturing facilities. (8) Changes in governmental regulations or failure to comply with existing regulations that may result in operational shutdowns of licensee facilities. (9) The continued availability of tax credits to licensees under the tax code. (10) The commercial feasibility of Headwaters' alternative fuel technologies upon the expiration of tax credits. (11) Ability to meet financial commitments under existing contractual arrangements. (12) Ability to meet non-financial commitments under existing contractual arrangements. (13) Ability to commercialize the non-alternative fuel chemical technologies which have only been tested in the laboratory and not in full-scale operations. (14) Ability to commercialize the technology of others and to implement non-technology based business plans which are at an early stage of investigation and investment and which will require significant time, management, and capital investment. (15) Success in the face of competition by others producing alternative fuel and other products. (16) Sufficiency of intellectual property protections.
____________________________________________________________________
Summary: No cash - No hope in SEC/speak!
Makes you want to run out and load the boat, huh?
However, a few very smart people understood what was really taking place. Since that bleak 10K a few years ago, here's what happened -
I'm working without a calculator at the moment but I think that's an increase of over 6000%
In other words, a $100K investment in a company with no money and no hope, is now worth $6,000,000.00
I know you're packing for the long week-end so I won't keep you long. PW brought up an excellent point today regarding AZMN's 10-K. His point that the filings which BTW are ancient history, are in my opinion the precursors to our move back to the OTC:BB and ultimately the AMEX where we belong, and are in his words, "HUGE"!
I told you they were coming but nobody ever believes me. This is only the first in a succession of filings. He also pointed out that the language was bleak. If I'm not mistaken, the original claim where AZCO's enormous Mica and Feldspathic Hi-Tech Sand deposits reside, were originally owned by Floyd Bleak. Correct me if I'm wrong PW.
10-K language for an up and comer is intentionally negative to satisfy the SEC and protect investors. Slick accountants may attempt to blow past the regulators with forward looking statements that are without substance because by the time they are found out, they're long gone. Companies that paint a dismal picture deserve respect because they have a plan, and plan on sticking around.
Let's take a brief look at a portion of HDWR's 10-K when the stock was trading at .50 - Keep in mind we knew the people when Covol became HDWR.
_________________________________________________________________
10K
In addition to patent protection, Covol also relies on trade secrets, know-how and confidentiality agreements to protect the Covol binder technologies. However, such methods may not afford complete protection and there can be no assurance that others will not independently develop such know-how or obtain access to Covol's know-how, concepts, ideas, and documentation.
In order for operating activities to produce significant positive cash flow, Covol and its licensees must successfully address certain operating issues and marketing difficulties. These problems have delayed Covol's expected growth in license fees, and have resulted in lower than expected cash flows and higher than expected capital requirements. Operating issues which must be addressed include, but are not limited to, feedstock availability, moisture content, Btu content, correct application of binder formulation, operability of equipment, product durability, resistance to water absorption and overall costs of operations, which in many cases to date have resulted in unit costs in excess of synthetic fuel sale prices. Marketing difficulties which must be addressed relate to market acceptance of products manufactured using Covol's technology. Industrial coal users must be satisfied that the synthetic fuel is a suitable substitute for standard coal products. Moisture content, hardness, special handling requirements and other characteristics of the synthetic fuel product may affect its marketability and its sales price. Many industrial coal users are also limited in the amount of synthetic fuel product they can purchase from Covol and its licensees because they have committed to purchase a substantial portion of their coal requirements through long-term coal contracts already in place. Reliance on spot markets and the overall downward trend in coal prices have generally produced lower sales prices as compared to long-term coal supply contracts common in the utility industry. Market acceptance of the synthetic fuel product appears to have improved during 1999 even though Covol's owned facilities and its licensees have only been able to secure long-term contracts for the sale of a small portion of their production. The suitability of synthetic fuel as a coal substitute, particularly the quality characteristics of synthetic fuel, and the traditional long-term supply contract practices of fuel buying in the utility industry, have made the identification of purchasers of synthetic fuel difficult. Covol
Headwaters technologies described above have not been commercially applied. No assurance can be given that Headwaters will be able to implement these applications profitably or that the development of these alternative applications will be the most profitable use of Headwaters' limited financial and managerial resources.
Failure by Headwaters or its licensees to maintain necessary permits to operate alternative fuel plants and to comply with permit requirements could have a material adverse effect on Headwaters or its licensees. Other developments, such as the enactment of more stringent environmental laws and regulations, could require Headwaters or its licensees to incur significant capital expenditures. If Headwaters or its licensees do not have the financial resources or are otherwise unable to comply with such laws and regulations, or if compliance substantially increases production costs, these results could also have a material adverse effect on Headwaters.
Net cash provided by operating activities during the year ended September 30, 2000 was $6,608,000 compared to $17,516,000 of cash used during the year ended September 30, 1999. Most of this change in cash flow from operating activities is attributable to the 2000 net income of $3,682,000 as compared to the 1999 net loss of $28,393,000.
Forward Looking Statements Statements in this Management's Discussion and Analysis regarding Headwaters' expectations as to the operation of facilities utilizing Headwaters' technologies, the marketing of products, the receipt of licensing fees, royalties, and product sales revenues, the development, commercialization and financing of non-alternative fuel 20 technologies and other strategic business opportunities and acquisitions and other information about Headwaters that is not purely historical by nature, including those statements regarding Headwaters' future business plans, the operation of facilities, the availability of feedstocks, the marketability of the alternative fuel and the financial viability of the facilities, constitute forward looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Although Headwaters believes that its expectations are based on reasonable assumptions within the bounds of its knowledge of its business and operations, there can be no assurance that actual results will not differ materially from its expectations. In addition to matters affecting the alternative fuel industry or the economy generally, factors which could cause actual results to differ from expectations stated in these forward looking statements include, among others, the following: (1) The commercial success of Headwaters' technologies. (2) Operating issues for licensed facilities including feedstock availability, moisture content, Btu content, correct application of chemical reagent, significant chemical change, operability of equipment, production capacity, product durability, resistance to water absorption and overall costs of operations. (3) Marketing issues relating to market acceptance of products manufactured using Headwaters' technologies, including control of moisture content, hardness, special handling requirements and other characteristics of the alternative fuel product which affect its marketability and its sales price. (4) Securing of suitable facility sites, including permits and raw materials, for relocation and operation of facilities and product sales. (5) The market acceptance of products manufactured with Headwaters' technologies in the face of competition from traditional products. (6) Dependence on licensees to successfully implement Headwaters' chemical technologies and making license and other payments to Headwaters. (7) Maintenance of placed-in-service requirements under Section 29 of the tax code by alternative fuel manufacturing facilities. (8) Changes in governmental regulations or failure to comply with existing regulations that may result in operational shutdowns of licensee facilities. (9) The continued availability of tax credits to licensees under the tax code. (10) The commercial feasibility of Headwaters' alternative fuel technologies upon the expiration of tax credits. (11) Ability to meet financial commitments under existing contractual arrangements. (12) Ability to meet non-financial commitments under existing contractual arrangements. (13) Ability to commercialize the non-alternative fuel chemical technologies which have only been tested in the laboratory and not in full-scale operations. (14) Ability to commercialize the technology of others and to implement non-technology based business plans which are at an early stage of investigation and investment and which will require significant time, management, and capital investment. (15) Success in the face of competition by others producing alternative fuel and other products. (16) Sufficiency of intellectual property protections.
____________________________________________________________________
Summary: No cash - No hope in SEC/speak!
Makes you want to run out and load the boat, huh?
However, a few very smart people understood what was really taking place. Since that bleak 10K a few years ago, here's what happened -
I'm working without a calculator at the moment but I think that's an increase of over 6000%
In other words, a $100K investment in a company with no money and no hope, is now worth $6,000,000.00