Classification is based on semantic text similarity scoring and may include approximations. “No match” means no high-confidence textual match was found — not necessarily that a section was removed.
🟢 New in Current Filing
Risk Factor Summary
🔒
🟢 New in Current Filing
Risks Related to Previously being Delinquent in SEC Reporting Obligations
🔒
🟢 New in Current Filing
Financial Risks
🔒
🟢 New in Current Filing
We face risks related to previously being delinquent in our SEC reporting obligations.
🔒
🟢 New in Current Filing
We have incurred and expect to continue to incur significant expenses related to the circumstances discussed in Item 9. “Changes in and Disagreements with Accountants on Accounting and Financial Disclosure” of this Annual Report and the remediation of deficiencies in our internal control over financial reporting and disclosure controls and procedures, and any resulting litigation.
🔒
🟢 New in Current Filing
Matters relating to or arising from the circumstances discussed in Item 9. “Changes in and Disagreements with Accountants on Accounting and Financial Disclosure” of this Annual Report, including adverse publicity and potential concerns from our customers, have had and could continue to have an adverse effect on our business and financial condition.
🔒
🟢 New in Current Filing
Our operating results have in the past fluctuated and will likely fluctuate in the future, and if our operating results are below the expectations of securities analysts or investors, our stock price could decline.
🔒
🟢 New in Current Filing
Failure to meet the evolving needs of our industry and markets may adversely impact our financial results.
🔒
🟢 New in Current Filing
We face risks related to recessions, inflation, stagflation, and other macroeconomic conditions.
🔒
🟢 New in Current Filing
Any failure, disruption or security breach or incident of or impacting our information technology infrastructure or information management systems could have an adverse impact on our business and operations.
🔒
🟢 New in Current Filing
We may be unable to attract, retain, and motivate our executives and key employees.
🔒
🟢 New in Current Filing
We are subject to order and shipment uncertainties. If we are unable to accurately predict customer demand, we may hold excess or obsolete inventory, which would reduce our gross margin. Conversely, we may have insufficient inventory or be unable to obtain the supplies or contract manufacturing capacity to meet demand, which would result in lost revenue opportunities and potential loss of market share as well as damaged customer.
🔒
🟢 New in Current Filing
Changing technology and intense competition require us to continuously innovate while controlling product costs, and our failure to do so may result in decreased revenues and profitability.
🔒
🟢 New in Current Filing
Our results of operations may be subject to fluctuations based upon certain investments we make.
🔒
🟢 New in Current Filing
We have been, are currently, and may in the future be subject to various lawsuits and other legal proceedings, disputes, claims, and government inquiries and investigations, which could cause us to incur substantial costs or require us to change our business practices in a way that could seriously harm our business, and any orders, actions or rulings not in our favor could have a material adverse effect on our business, results of operations, and financial condition.
🔒
🟢 New in Current Filing
Our operations are impacted by complex laws, rules and regulations related to import and export controls to which our business is subject, and rapid changes in such laws, rules, and regulations as well as political and other actions related thereto may adversely impact our business.
🔒
🟢 New in Current Filing
Adequately protecting our intellectual property rights could be costly, and our ability to compete could be harmed if we are unsuccessful or if we are prohibited from making or selling our products.
🔒
🟢 New in Current Filing
Our indebtedness, liabilities, and other contractual obligations could limit the cash flow available for our operations, expose us to risks that could adversely affect our business, financial condition and results of operations and impair our ability to meet those obligations.
🔒
🟢 New in Current Filing
Provisions in the 2029 Convertible Notes Indenture, the 2028 Convertible Notes Indenture, and the 2030 Convertible Notes Indenture could delay or prevent an otherwise beneficial takeover of us, may dilute the ownership interest of existing stockholders or may otherwise depress the price of our common stock.
🔒
🟢 New in Current Filing
The capped call transactions entered into in connection with the issuance of the 2029 Convertible Notes and the 2030 Convertible Notes subject us to counterparty risk and may affect our common stock.
🔒
🔴 No Match in Current Filing
Strategic and Industry Risks
🔒
🔴 No Match in Current Filing
Financial Risks
🔒
🔴 No Match in Current Filing
Risks Related to Owning our Common Stock
🔒
🔴 No Match in Current Filing
Adverse economic conditions may harm our business.
🔒
🔴 No Match in Current Filing
Our quarterly operating results have fluctuated and will likely fluctuate in the future, which could cause rapid declines in our stock price.
🔒
🔴 No Match in Current Filing
Our revenue and margins for a particular period are difficult to predict, and a shortfall in revenue or decline in margins may harm our operating results.
🔒
🔴 No Match in Current Filing
Increases in average selling prices for our solutions have significantly contributed to increases in net sales in some of the periods covered by this Annual Report. Such prices are subject to decline if customers do not continue to purchase our latest generation products or additional components, which could harm our results of operations.
🔒
🔴 No Match in Current Filing
We may lose sales or incur unexpected expenses relating to insufficient, excess or obsolete inventory.
🔒
🔴 No Match in Current Filing
Difficulties we encounter relating to automating internal controls utilizing our ERP systems or integrating processes that occur in other IT applications could adversely impact our controls environment.
🔒
🔴 No Match in Current Filing
System security violations, data protection breaches, cyber-attacks and other related cyber-security issues could disrupt our internal operations or compromise the security of our products, and any such disruption could reduce our expected revenues, increase our expenses, damage our reputation and adversely affect our stock price.
🔒
🔴 No Match in Current Filing
Any failure to adequately expand or retain our sales force will impede our growth.
🔒
🔴 No Match in Current Filing
Our direct sales efforts may create confusion for our end customers and harm our relationships in our indirect sales channel and with our OEMs.
🔒
🔴 No Match in Current Filing
If we are unable to attract and integrate additional key employees in a manner that enables us to scale our business and operations effectively, or if we do not maintain competitive compensation policies to retain our employees, our ability to operate effectively and efficiently could be limited.
🔒
🔴 No Match in Current Filing
If we do not successfully manage the expansion of our international manufacturing capacity and business operations, our business could be harmed.
🔒
🔴 No Match in Current Filing
We may not be able to successfully manage our business for growth and expansion.
🔒
🔴 No Match in Current Filing
We depend upon the development of new products and enhancements to our existing products, and if we fail to predict or respond to emerging technological trends and our customers’ changing needs, our operating results and market share may suffer.
🔒
🔴 No Match in Current Filing
The market in which we participate is highly competitive, and if we do not compete effectively, we may not be able to increase our market penetration, grow our net sales or improve our gross margins.
🔒
🔴 No Match in Current Filing
Industry consolidation may lead to increased competition and may harm our operating results.
🔒
🔴 No Match in Current Filing
We must work closely with our suppliers to make timely new product introductions.
🔒
🔴 No Match in Current Filing
Our suppliers’ failure to improve the functionality and performance of materials and key components for our products may impair or delay our ability to deliver innovative products to our customers.
🔒
🔴 No Match in Current Filing
We rely on indirect sales channels and any disruption in these channels could adversely affect our sales.
🔒
🔴 No Match in Current Filing
Our failure to deliver high quality server and storage solutions could damage our reputation and diminish demand for our products.
🔒
🔴 No Match in Current Filing
Our results of operations may be subject to fluctuations based upon our investment in corporate ventures.
🔒
🔴 No Match in Current Filing
Our operations could involve the use of regulated materials, and we must comply with environmental, health and safety laws and regulations, which can be expensive, and may affect our business, results of operations and financial condition.
🔒
🔴 No Match in Current Filing
Any failure to protect our intellectual property rights, trade secrets and technical know-how could impair our brand and our competitiveness.
🔒
🔴 No Match in Current Filing
Resolution of claims that we have violated or may violate the intellectual property rights of others could require us to indemnify our customers, indirect sales channel partners or vendors, redesign our products, or pay significant royalties to third parties, and materially harm our business.
🔒
🔴 No Match in Current Filing
Our research and development expenditures, as a percentage of our net sales, are considerably higher than many of our competitors and our earnings will depend upon maintaining revenues and margins that offset these expenditures.
🔒
🔴 No Match in Current Filing
Backlog does not provide a substantial portion of our net sales in any quarter.
🔒
🔴 No Match in Current Filing
The trading price of our common stock is likely to be volatile, and you might not be able to sell your shares at or above the price at which you purchased the shares.
🔒
🔴 No Match in Current Filing
Future sales of shares by existing stockholders, including any shares that have vested or may in the future vest under the 2021 CEO Performance Award, could cause our stock price to decline.
🔒
🔴 No Match in Current Filing
Our business and operations may be impacted by natural disaster events, including those brought on by climate change.
🔒
🟡 Modified
Conflicts of interest may arise with Ablecom and Compuware, and they may adversely affect our operations.
🔒
🟡 Modified
Expectations and evolving laws and regulations relating to environmental, social and governance considerations expose us to potential liabilities, reputational harm and other unforeseen adverse effects on our business.
🔒
🟡 Modified
We do not expect to pay any cash dividends in the foreseeable future.
🔒
🟡 Modified
Our cost structure, ability to deliver server solutions to customers, and ability to resolve warranty claims in a timely manner may be adversely affected by volatility of the market for core components and certain materials for our products.
🔒
🟡 Modified
Failure to comply with the U.S. Foreign Corrupt Practices Act, other applicable anti-corruption and anti-bribery laws, and applicable trade control laws could subject us to penalties and other adverse consequences.
🔒
🟡 Modified
We may be unable to secure additional financing on favorable terms, or at all, which in turn could impair the rate of our growth.
🔒
🟡 Modified
General Risks
🔒
🟡 Modified
If negative publicity arises with respect to us, our employees, our third-party service providers or our partners, our business and operating results could be adversely affected, regardless of whether the negative publicity is true.
🔒
🟡 Modified
The concentration of our capital stock ownership may limit your ability to influence corporate matters.
🔒
🟡 Modified
Our future effective income tax rates could be affected by changes in the relative mix of our operations, our relative income among different geographic regions and domestic and foreign income tax laws, which could affect our future operating results, financial condition and cash flows.
🔒
🟡 Modified
We rely on a limited number of suppliers for certain components used to manufacture our products.
🔒
🟡 Modified
The AI industry has driven a portion of our recent success. The AI industry involves significant risks and uncertainties, and the use of AI by our workforce may present risks to our business.
🔒
🟡 Modified
Our sales are concentrated in a few large customers. If we lose or experience a significant reduction in sales to any of these key customers, if any of these key customers experience a significant decline in market share, or if any of these customers experience significant financial difficulties, our revenue may decrease substantially and our results of operations and financial condition may be harmed.
🔒
🟡 Modified
Changes in U.S. or foreign policies, geopolitical conditions, general economic conditions, and other factors beyond our control may adversely impact our business and operating results.
🔒
🟡 Modified
We have identified material weaknesses in our internal control over financial reporting, which could, if not remediated, adversely affect our ability to report our financial condition and results of operations in a timely and accurate manner.
🔒
🟡 Modified
Risks Related to our Global Operating Business and Industry
🔒
🟡 Modified
Risks Related to Regulatory, Legal, Our Stock, and Other Matters
🔒