Item 2.02. Results of Operations and Financial Condition.
The information contained in this Item 2.02 is being "furnished" and shall not
be deemed "filed" for the purposes of Section 18 of the Securities Exchange Act
of 1934, as amended, or otherwise subject to the liabilities of that Section.
On November 9, 2009, the Company issued a press release announcing the
Company's third quarter 2009 financial results. A copy of the press release is
furnished herewith as Exhibit 99.1and is incorporated in this Item 2.02 by
reference.
Forward-looking and Cautionary Statements
We make forward-looking statements throughout this report as this term is
defined in the Private Securities Litigation Reform Act of 1995. In some cases
these statements can be identified by the use of words such as "anticipate,"
"believe," "estimate," "expect," "intend," "plan," "project," "target," "can,"
"could," "may," "should," "will," "would" and similar expressions. You are
cautioned not to place undue reliance on these forward-looking statements. We
are not obligated to publicly release any update to forward-looking statements
to reflect events after the date of this report. These statements include those
describing our 2009 Financial Forecast and our ability to remain an industry
leader, enhance our communications solutions, broaden our customer reach, grow
our revenues, expand our market share, continue to deliver a broad range of
high-capacity network services and mid-band Ethernet services, pursue growth
opportunities, meet the growing demand for high-speed Internet access services,
scale to multi-terabit capable router nodes, and generate funds from operations
or from future financing sufficient to fund our business plan and repay our
scheduled obligations.
Management cautions the reader that these forward-looking statements are only
predictions and are subject to a number of both known and unknown risks and
uncertainties, and actual results, performance, and/or achievements of us and
our subsidiaries may differ materially from the future results, performance,
and/or achievements expressed or implied by these forward-looking statements as
a result of a number of factors. Please see the detailed discussion of risk
factors affecting our business and operations described from time to time in the
reports filed by us with the Securities and Exchange Commission, including our
Annual Report on Form 10-K for the year ended December 31, 2008 and our
quarterly reports on Form 10-Q.