Regulatory Risks - The company is subject to strict government regulations that may limit operations and expose it to fines or penalties [110] - The company is involved in an administrative hearing process related to alleged violations of the Video Gaming Act, which could affect its ability to retain or obtain licenses [113] - Changes in gaming or horse racing legislation could hinder operations and increase compliance costs, potentially impacting profitability [114] - The company is monitoring regulatory developments that could impact the expansion of gaming operations [125] - Holders of Class A-1 common stock are subject to gaming regulations, which may require disclosure and qualification by gaming authorities [150] - Changes in gaming laws and regulations could impact the company's operations and market position [153] Financial Condition and Debt - As of December 31, 2024, the company had total indebtedness of 143.5 million of availability [134] - The company is required to maintain a consolidated first lien net debt to consolidated EBITDA ratio no greater than 4.50 to 1.00 and a consolidated EBITDA to consolidated fixed charges ratio no less than 1.20 to 1.00 [141] - The company may not have sufficient cash flows from operating activities to service all indebtedness and may need to take actions such as refinancing or selling assets [136] - As of December 31, 2024, borrowings under the senior secured credit facility amounted to 3.0 million, assuming the balance remains at 300 million of the term loan through a series of 48 deferred premium caplets [274] Operational Risks - The company faces risks from natural disasters that could disrupt operations and impact financial condition [109] - The company may incur significant expenses related to product defects or claims from location partners, affecting profitability [115] - Ongoing litigation could result in substantial costs and distract management from core operations [117] - The company’s financial results depend on estimates and judgments that, if incorrect, could adversely affect operating results [118] - Security breaches or disruptions could compromise sensitive information and expose the company to liability [126] - The company faces risks related to third-party service providers, such as Microsoft and Salesforce, which have experienced cybersecurity incidents that could adversely affect operations [129] Market Risks - The company is exposed to interest rate risk as a significant portion of borrowings are at variable rates, which could negatively impact cash flows and financial condition if rates increase [135] - The market price and trading volume of Class A-1 common stock may be volatile and could decline significantly due to various factors [152] - Future issuances of debt or equity securities may adversely affect the market price of existing securities and could be dilutive to current stockholders [156] - The company may face substantial costs and management distraction from potential securities class-action litigation following periods of market volatility [155] - The company is exposed to market risk primarily due to fluctuations in interest rates [273] - The sale or perception of a large number of securities could depress the market price of Class A-1 common stock [162] Strategic Risks - The company’s success relies on the protection of intellectual property, which may be difficult to enforce [120] - The company may incur significant upfront costs prior to receiving any revenue under gaming or amusement contracts, impacting liquidity and the ability to secure new contracts [131] - The company’s ability to pursue strategic acquisitions or market expansions may be restricted if adequate liquidity is not maintained [132] - The company may not realize anticipated returns on new or renewed contracts due to factors like lower retail sales or higher operating expenses [132]
Accel Entertainment(ACEL) - 2024 Q4 - Annual Report