This Listing Particulars Dated September 27, 2012 may contain the answers you seek: https://dl.dropbox.com/u/65405174/2012%2010%2012%20Bond%20Offering%20Financials%20and%20Other.pdf
Reference page 26. Here is just a portion, please refer to the full document for fully accurate information.
"Risks related to the Bonds
We and our subsidiaries may incur further debt, grant security or take other actions that may affect our ability to satisfy our obligations under the Bonds.
Although we will be restricted under the terms governing the Bonds and Bond Security from incurring
additional indebtedness, including secured indebtedness, we are permitted to incur further indebtedness,
including secured indebtedness, in certain circumstances. Incurring further debt could diminish our ability
to make required payments on the Bonds when due or require us to dedicate a substantial portion of our cash
flow from operations to payments on our indebtedness, which would reduce the availability of cash flow to
fund our operations, working capital and capital expenditures. In addition, subject to limitations under the
terms governing the Bonds and our other debt instruments, we could, in the future, enter into certain
26 transactions, including acquisitions, re-financings or other recapitalizations, that could increase the amount
of indebtedness outstanding at such time or otherwise affect our capital structure or credit rating (should such
a rating become applicable) in a way that adversely affects the holders of the Bonds. See “Terms and
Conditions of the Bonds”.
The Bonds contain various restrictive covenants that will limit our operating and financial flexibility.
The Bonds and Bond Security (as defined under “Terms and Conditions of the Bonds”) contain, and any
future indebtedness we enter into may contain, operating and financial covenants that could restrict our
ability to, among other things:
• incur additional indebtedness needed to fund our operations or complete our proposed business plan;
• pay dividends or make certain other distributions;
• repurchase or redeem capital stock or subordinated indebtedness;
• make investments;
• create liens;
• enter into sale and leaseback transactions;
• sell assets;
• enter into transactions with affiliates;
• restrict the ability of our subsidiaries to pay dividends or make other payments to us;
• merge or consolidate with or into any other person or transfer all or substantially all of our or our
restricted subsidiaries’ assets; or
• transfer or issue shares of capital stock of our restricted subsidiaries.
Our ability to comply with such covenants may be affected by events beyond our control, including
economic, financial and industry conditions. Our failure to comply with these covenants could result in an
event of default which, if not cured or waived, could result in the acceleration of the applicable indebtedness
or require us to repay the Bonds prior to maturity, and there can be no assurance that we will have sufficient
funds available in those circumstances. Even if we are able to comply with all of the applicable covenants,
the restrictions on our ability to manage our business in our sole discretion could adversely affect our
business by, among other things, limiting our ability to take advantage of financings, mergers, acquisitions
and other corporate opportunities that we believe would be beneficial to us. Our compliance with covenants
restricting dividends could have a material adverse effect on the price of our Common Shares."