Kaspien (KSPN)

Risks

• Risks Related to Our Business
• If we cannot successfully implement our business strategy our growth and profitability could be adversely impacted.
• Continued increases in Amazon Marketplace fulfillment and storage fees could have an adverse impact on our profit margin and results of operations.
• Our business depends on our ability to build and maintain strong product listings on e-commerce platforms. We may not be able to maintain and enhance our product listings if we receive unfavorable customer complaints, negative publicity, or otherwise fail to live up to consumers’ expectations, which could materially adversely affect our business, results of operations and growth prospects.
• A change in one or more of the Company’s partners’ policies or the Company’s relationship with those partners could adversely affect the Company’s results of operations.
• Our revenue is dependent upon maintaining our relationship with Amazon and failure to do so, or any restrictions on our ability to offer products on the Amazon Marketplace, could have an adverse impact on our business, financial condition and results of operations.
• The terms of our asset-based revolving credit agreement and subordinated debt agreement impose certain restrictions on us that may impair our ability to respond to changing business and economic conditions, which could have a significant adverse impact on our business. Additionally, our business could suffer if our ability to acquire financing is reduced or eliminated.
• Risks Related to Information Technology and Intellectual Property
• Breach of data security could harm our business and standing with our customers.
• Our hardware and software systems are vulnerable to damage, theft or intrusion that could harm our business.
• Our inability or failure to protect our intellectual property rights, or any claimed infringement by us of third-party intellectual rights, could have a negative impact on our operating results.
• Risks Related to Human Capital
• Loss of key personnel or the inability to attract, train and retain qualified employees could adversely affect the Company’s results of operations.
• We may face difficulties in meeting our labor needs to effectively operate our business.
• Our business could be adversely affected by increased labor costs, including costs related to an increase in minimum wage and health care.
• Risks Related to Ownership of Our Common Stock.
• The ownership of our Common Stock is concentrated, and entities affiliated with members of our Board of Directors have significant influence and control over the outcome of any vote of the Company’s shareholders and may have competing interests.
• If we do not meet the continued listing standards of the NASDAQ, our Common Stock could be delisted from trading, which could limit investors’ ability to make transactions in our Common Stock and subject us to additional trading restrictions.
• The limited public float and trading volume for our Common Stock may have an adverse impact and cause significant fluctuation of market price.
• The Company’s business is influenced by general economic conditions.
• Disruption of global capital and credit markets may have a material adverse effect on the Company’s liquidity and capital resources.
• Because of our floating rate credit facility, we may be adversely affected by interest rate changes.
• The Company is dependent upon access to capital, including bank credit facilities and short-term vendor financing, for its liquidity needs.
• We may complete a future significant strategic transaction that may not achieve intended results or could increase the number of our outstanding shares or amount of outstanding debt or result in a change of control.
• Historically, we have experienced declines, and we may continue to experience fluctuation in our level of sales and results from operations.
• The ability of the Company to satisfy its liabilities and to continue as a going concern will continue to be dependent on the implementation of several items, the success of which is not certain.
• Parties with whom the Company does business may be subject to insolvency risks or may otherwise become unable or unwilling to perform their obligations to the Company.
• Failure to comply with legal and regulatory requirements could adversely affect the Company’s results of operations.
• Litigation may adversely affect our business, financial condition and results of operations.
• The effects of natural disasters, terrorism, acts of war, and public health issues may adversely affect our business.
• A pandemic, epidemic or outbreak of an infectious disease, such as COVID-19, may materially and adversely affect our business.