Risk Factors Update Summary
- The company faces the risk of litigation and potential infringement of intellectual property rights of third parties.
- The integration process of acquired companies and assets, such as Weta Digital and ironSource, could adversely affect financial results.
- The company faces increasing risks related to emerging regulations on biometric privacy laws, which may result in litigation and noncompliance penalties.
- The company has experienced significant net losses on a GAAP basis since inception.
- Increased exposure to cybersecurity risks and vulnerabilities, including threats from hackers and nation-states, poses a significant risk to our sensitive information and IT assets.
- The strengthening of the U.S. dollar could negatively impact our financial condition and operating results.
- Difficulties assimilating or integrating businesses, technologies, data, personnel, or operations of acquired companies may arise.
- Changes in the management team, including hiring or departure of executives and key employees, could disrupt the business.
- The addition of digital service taxes could create additional administrative burdens and decrease future sales.
- The company's limited operating history at its current scale may impact future performance.
- Revenue growth has varied and declined in certain quarters, which may impact future performance.
- Changes in privacy regulations and consumer resistance to targeted advertising pose challenges to the company's ability to deliver tailored advertisements and reach customers.
- Unforeseen operating difficulties may be encountered during the transition and integration process.
- The company must attract and retain highly qualified talent, particularly in competitive areas like the San Francisco Bay Area and Tel Aviv.
- Costs and expenses are expected to increase, potentially affecting future results of operations.
- The company issued 112,547,375 shares in the ironSource Merger, potentially impacting dilution to stockholders.
- Failure to obtain, maintain, and protect our intellectual property rights may result in increased costs, legal disputes, and adverse effects on profitability.
- The success of integrating ironSource and other growth strategies is crucial for future results.
- The company's operations in China are subject to frequent changes in the economic, legal, and political landscape, which could impact business operations and result in additional restrictions.
- Changes in effective tax rate or tax liability may have a material adverse effect on the company's results of operations.
- Uncertainties in the interpretation and application of tax laws and regulations could materially affect the company's tax obligations and effective tax rate.
- The company relies on the performance of highly skilled personnel, including management and other key employees, for success.
- The company entered into capped call transactions to manage the value of their common stock.
- Compliance with anti-corruption, anti-bribery, and anti-money laundering laws is costly and noncompliance could lead to penalties, investigations, and reputational harm.
- Failure to realize anticipated benefits and synergies from the ironSource merger may negatively impact financials.
- The company intends to make significant investments in research, sales, marketing, and administration.
- Cultural challenges may arise when integrating with the company, particularly if key personnel choose not to work for us.
- Our ability to increase adoption of our platform may be hindered if competitors develop and introduce products that are easier to use than ours.
- Macroeconomic trends like inflation, rising interest rates, and supply chain issues may cause disruption in the global financial markets, impacting our financial condition.
- Difficulties retaining customers of acquired businesses due to changes in ownership or management may occur.
- Changes in accounting principles may result in post-implementation issues and increased compliance costs.
- Litigation or disputes, including securities class action lawsuits, employment claims, and commercial disputes, could harm the company's reputation and financial condition.
- Compliance with privacy and data security laws, such as the EU GDPR and UK GDPR, imposes significant burdens and penalties.
- The company's products and services are subject to export controls and economic sanctions laws, and noncompliance could result in fines, penalties, and loss of business opportunities.
- Compliance with laws and regulations worldwide, particularly regarding data protection and privacy, may impact the functionality and effectiveness of the company's solutions.
- Failure to improve systems and processes could strain operational and financial resources.
- Significant costs, expenses, and fees have been incurred for professional services and other transaction costs.
- Our reliance on third-party vendors and infrastructure for our platform operations and solutions introduces additional cybersecurity risks and potential downtime.
- Selling to government and highly regulated entities presents challenges and risks, including the demand for non-standard contract terms and certifications.
- The company may face challenges in transferring personal information from the EEA and UK to the U.S. due to data transfer restrictions.
- Our global operations subject us to potential fluctuations in exchange rates, which could materially impact our results of operations.
- Litigation related to the ironSource Merger and potential future litigation could result in significant costs and expenses.
- The issuance of convertible notes and potential dilution of stock ownership may impact the company's financial results and stock price.
- Changes in import and export regulations may cause delays in the introduction of the company's products and services in global markets.
- The company's amended and restated bylaws include provisions that may prevent changes in board members.
- The company must comply with emerging state privacy and data security laws, such as the CCPA and CPRA, which could harm the business.
- The conditional conversion feature of the 2026 Notes, if triggered, may adversely affect the company's financial position and operating results.
- The company's choice of forum provisions may limit a stockholder's ability to bring legal action in the United States.
- The company's compliance with Section 404 requires substantial expenses and significant management efforts.
Full Text Changes in Most Recent 10-K
Intended use: review the highlighted statements. These are additions to the risk factors disclosure in the most recent 10-K filing compared to the previous 10-K filing. Deleted and moved text is less important and is shown for context.
To view the full company filings, click on the following link to be taken to the SEC EDGAR database landing page for the company: https://www.sec.gov/edgar/browse/?CIK=1810806&owner=exclude
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