Infinera

All of these leases expire between 2025 and 2037. We also own a facility in Allentown, Pennsylvania. We intend to adjust our facility space to meet our requirements, and we believe that suitable additional or substitute space will be available as needed to accommodate our business needs for our operations. We believe that our existing facilities are adequate to meet our business needs through the next 12 months.

• Delays in obtaining required regulatory approvals and satisfying closing conditions may cause Nokia, as enlarged by the completion of the Merger (the “Enlarged Company”), to not realize all of the benefits of the Merger.
• Regulatory approvals may not be received, may take longer than expected, or may impose conditions that are not presently anticipated or that could have an adverse effect on us following the Merger.
• The Merger, and uncertainty regarding the Merger, may cause customers, partners, suppliers or other business partners to delay or defer decisions concerning us, which could adversely affect our ability to effectively manage our business.
• Failure to attract, motivate and retain executives and other key employees could diminish the anticipated benefits of the Merger.
• Our directors and executive officers have interests and arrangements that may be different from, or in addition to, the interests of our stockholders generally.
• We may waive one or more of the closing conditions without re-soliciting stockholder approval.
• The Merger has involved and will continue to involve substantial costs.
• The opinion rendered to us by Centerview will not reflect changes in circumstances between the date of such opinion and the completion of the Merger.
• Lawsuits filed against us, and members of our Board, challenging the Merger, and an adverse ruling in any such lawsuit may prevent the Merger from becoming effective or from becoming effective within the expected time frame.
• Third parties may terminate or alter existing contracts with us in connection with the Merger.
• The Nokia Shares to be received by our stockholders as a result of the Merger will have rights different from our common stock.
• Our financial projections may not prove to be reflective of actual future results.
• Holders of our common stock who elect to receive some or all of their Merger Consideration in the form of Nokia ADSs may not receive sufficient cash consideration with which to pay their potential tax liabilities resulting from the Merger.
• Our quarterly results may vary significantly from period to period, which could make our future results difficult to predict and could cause our operating results to fall below investor, analyst or our expectations.
• Our ability to increase our revenue will depend upon continued growth of demand by consumers and businesses for additional network capacity, on the level and timing of capital spending by our customers, and on the continued demand for our services support.
• Any delays in the development, introduction or acceptance of our new products or in releasing enhancements to our existing products may harm our business.
• Aggressive business tactics by our competitors and new entrants may harm our business.
• The markets in which we compete are highly competitive and we may not be able to compete effectively.
• If we lose key personnel or fail to attract, upskill and retain qualified personnel when needed, our business may be harmed.
• We are dependent on a small number of key customers for a significant portion of our revenue from period to period and the loss of, or a significant reduction in, orders from one or more of our key customers would reduce our revenue and harm our operating results.
• Supply chain and logistics issues could harm our business and operating results.
• Product performance problems, including undetected errors in our hardware or software, or deployment delays, and product security vulnerabilities could harm our business, results of operations and reputation.
• The manufacturing process for our optical engine and the assembly of our finished products are complex. The partial or complete loss of any of our manufacturing facilities, a reduction in yields of our PICs or an inability to scale capacity to meet customer demands could harm our business.
• If our contract manufacturers do not perform as we expect, our business may be harmed.
• Increased consolidation among our customers and suppliers in the communications networking industry has had, and could continue to have, an adverse effect on our business and results of operations.
• We rely on various third-party service partners to help complement our global operations, and failure to adequately manage these relationships could adversely impact our financial results and relationships with customers.
• We must respond to rapid technological change and comply with evolving industry standards and requirements for our products to be successful.
• Failure to accurately forecast our manufacturing requirements or customer demand could increase our costs, including inventory write-downs or equipment write-offs, or lose customers or orders to competitors, which would adversely affect our business and results of operations.
• Actions that we may in the future take to restructure or streamline our business to cut costs and align our operating structure with current or future opportunities may not be as effective as anticipated and may have negative consequences.
• Our large customers have substantial negotiating leverage, which may cause us to agree to terms and conditions that result in lower average selling prices and potentially increased cost of sales leading to lower gross margin, each of which would harm our results of operations.
• Our sales cycle can be long and unpredictable, which could result in an unexpected revenue shortfall in any given quarter.
• We have received and may receive additional grants from governments, agencies or research organizations. If we are not successful in securing the funding contemplated by those grants, or if we are unable to comply with the terms of those grants, then our business might be harmed.
• Any acquisitions or strategic transactions that we undertake could disrupt our business and harm our financial condition and results of operations.
• We may be unable to generate the cash flow necessary to make anticipated capital expenditures, service our debt or grow our business.
• Unfavorable macroeconomic and market conditions may adversely affect our industry, business and financial results.
• Inflation may adversely affect us by increasing costs beyond what we can recover through price increases.
• If we need additional capital in the future, it may not be available to us on favorable terms, or at all.
• Our Loan Agreement, the DFA and any other debt agreements into which we may enter in the future may restrict our operations, particularly our ability to respond to changes or to take certain actions regarding our business.
• Our debt obligations may adversely affect our ability to raise additional capital and strain cash flow, particularly if we elect to settle these obligations in cash upon conversion or upon maturity or required repurchase.
• Our international sales and operations subject us to additional risks that may harm our operating results.
• We may be adversely affected by fluctuations in currency exchange rates.
• Our effective tax rate may increase or fluctuate, which could increase our income tax expense and reduce our net income.
• We may issue additional shares of our common stock in connection with conversions of the 2027 Notes or the 2028 Notes, and thereby dilute our existing stockholders and potentially adversely affect the market price of our common stock.
• The fundamental change provisions of the 2027 Notes and the 2028 Notes may delay or prevent an otherwise beneficial takeover attempt of us.
• We are subject to various governmental export control, trade sanctions, and import laws and regulations that could impair our ability to compete in international markets or subject us to liability if we violate these controls.
• If we fail to protect our intellectual property rights, our competitive position could be harmed, or we could incur significant expense to enforce our rights.
• Claims by others that we infringe on their intellectual property rights could harm our business.
• Security incidents, such as data breaches and cyber-attacks, could compromise our intellectual property and proprietary or confidential information and cause significant damage to our business and reputation.
• We have identified material weaknesses in our internal control over financial reporting. If we are unable to remediate the identified material weaknesses, or if we experience additional material weaknesses or deficiencies in the future or if we otherwise fail to maintain an effective system of internal controls, our ability to produce timely and accurate financial statements or comply with applicable regulations could be impaired.
• We are subject to environmental regulations that could adversely affect our business.
• Regulations relating to environmental, social and governance matters, as well as customer, supplier, investor or other stakeholder demands, may add operational complexity for us.
• We are subject to global laws and regulations governing privacy, data protection, cybersecurity and artificial intelligence that could adversely affect our business or subject us to liability.
• Integrating AI and machine learning presents risks to our business.
• A portion of our revenue is generated by sales to government entities, which are subject to a number of uncertainties, challenges, and risks.
• Our business could be adversely affected if our employees cannot obtain and maintain required security clearances or we cannot maintain a required facility security clearance, or we do not comply with legal and regulatory obligations regarding the safeguarding of classified information.
• Failure to comply with anti-bribery, anti-corruption, anti-money laundering laws, and similar laws, could subject us to penalties and other adverse consequences.
• Events that are outside our control could harm our operations.
• The trading price of our common stock has been volatile in the past and may be volatile in the future.
• Future sales of our common stock could cause our stock price to fall.
• Anti-takeover provisions in our charter documents and Delaware law could discourage, delay or prevent a change in control of our company and may affect the trading price of our common stock.
• Our amended and restated bylaws designate the Court of Chancery of the State of Delaware and the federal district courts of the U.S. as the exclusive forums for substantially all disputes between us and our stockholders, which will restrict our stockholders’ ability to choose the judicial forum for disputes with us or our directors, officers or employees.