https://www.avient.com/sites/default/files/2024-12/Terms and Conditions of Sale for Argentina %28English and Spanish Translation%29.pdf
If (i) Buyer is in default of performance of its obligations towards Seller and fails to provide adequate assurance of Buyer’s performance before the date of scheduled delivery; or (ii) if Seller has reasonable doubts with respect to Buyer’s performance of its obligations and Buyer fails to provide to Seller adequate assurance of Buyer’s performance before the date of scheduled delivery and in any case within thirty (30) days of Seller’s demand for such assurance; or (iii) if Buyer becomes insolvent or unable to pay its debts as they mature, or goes into liquidation or any bankruptcy proceeding shall be instituted by or against Buyer or if a trustee or receiver or administrator is appointed for all or a substantial part of the assets of Buyer or if Buyer makes any assignment for the benefit of its creditors; or (iv) in case of non-compliance of Buyer with any law, statute ordinance, regulation, code or standard (“Laws and Standards”), then Seller may by notice in writing to Buyer, without prejudice to any of its other rights: (a) demand return and take repossession of any delivered Products which have not been paid for and all costs relating to the recovery of the Products shall be for the account of Buyer; and/or (b) suspend its performance or terminate its order confirmation for pending delivery of Products unless Buyer makes such payment for Products on a cash in advance basis or provides adequate assurance of such payment for Products to Seller.
Buyer intends that its indemnification obligations for claims related to or brought by anyone directly or indirectly employed by Buyer or its subcontractors will not be limited by any provision of any worker’s compensation act, disability benefit act or other employee benefit act, and Buyer hereby waives immunity under such acts to the extent it would bar recovery under or prevent enforcement of Buyer’s indemnification obligations. 16.
https://www.avient.com/sites/default/files/resources/POL%2520IR%2520Presentation%2520-%2520Investor%2520Day%25205-18-15.pdf
Factors that could cause actual results to differ materially from those implied by these forward-looking statements include, but are not limited to: Our ability to realize anticipated savings and operational benefits from the realignment of assets, including the planned closure of certain manufacturing facilities; The timing of closings and shifts of production to new facilities related to asset realignments and any unforeseen loss of customers and/or disruptions of service or quality caused by such closings and/or production shifts; Separation and severance amounts that differ from original estimates and amounts for non-cash charges related to asset write-offs and accelerated depreciation realignments of property, plant and equipment, that differ from original estimates; Our ability to identify and evaluate acquisition targets and consummate acquisitions; The ability to successfully integrate acquired companies into our operations, retain the management teams of acquired companies and retain relationships with customers of acquired companies including, without limitation, Spartech Corporation and Accella Performance Materials; Disruptions, uncertainty or volatility in the credit markets that could adversely impact the availability of credit already arranged and the availability and cost of credit in the future; The financial condition of our customers, including the ability of customers (especially those that may be highly leveraged and those with inadequate liquidity) to maintain their credit availability; The speed and extent of an economic recovery, including the recovery of the housing market; Our ability to achieve new business gains; the effect on foreign operations of currency fluctuations, tariffs and other political, economic and regulatory risks; Changes in polymer consumption growth rates and laws and regulations regarding the disposal of plastic materials in jurisdictions where we conduct business; Changes in global industry capacity or in the rate at which anticipated changes in industry capacity come online in the industries in which we participate; Fluctuations in raw material prices, quality and supply and in energy prices and supply; Production outages or material costs associated with scheduled or unscheduled maintenance programs; Unanticipated developments that could occur with respect to contingencies such as litigation and environmental matters; An inability to achieve or delays in achieving or achievement of less than the anticipated financial benefit from initiatives related to working capital reductions, cost reductions and employee productivity goals; An inability to raise or sustain prices for products or services; An inability to maintain appropriate relations with unions and employees; Our ability to continue to pay regular quarterly cash dividends and the amounts and timing of any future dividends; The amount and timing of repurchases of our common shares, if any; Other factors affecting our business beyond our control, including, without limitation, changes in the general economy, changes in interest rates and changes in the rate of inflation The above list of factors is not exhaustive. We undertake no obligation to publicly update forward-looking statements, whether as a result of new information, future events or otherwise.
Special items include charges related to specific strategic initiatives or financial restructuring such as: consolidation of operations; debt extinguishment costs; employee separation costs resulting from personnel reduction programs, plant phase-in costs, executive separation agreements; asset impairments; mark-to-market adjustments associated with actuarial gains and losses on pension and other post-retirement benefit plans; environmental remediation costs, fines, penalties, remediation costs and related insurance recoveries related to facilities no longer owned or closed in prior years; gains and losses on the divestiture of operating businesses, joint ventures and equity investments; gains and losses on facility or property sales or disposals; results of litigation, fines or penalties, where such litigation (or action relating to the fines or penalties) arose prior to the commencement of the performance period; unrealized gains and losses from foreign currency option contracts; one-time, non-recurring items; and the effect of changes in accounting principles or other such laws or provisions affecting reported results. (2) Tax adjustments include the net tax expense (benefit) from one-time income tax items and deferred income tax valuations allowance adjustments. 2 Adjusted net cash provided by operating activities is calculated as follows: 2008Y 2009Y 2010Y 2011Y 2012Y 2013Y 2014Y Net cash provided by operating activities $ 72.5 $ 229.7 $ 140.8 $ 72.5 $ 106.9 $ 109.0 $ 208.4 Dividends and distributions received from joint ventures (32.9) (36.5) (24.2) (6.0) - - - Pension Cash Contributions 35.9 28.5 37.5 38.1 68.8 69.8 21.6 Adjusted net cash provided by operating activities $ 75.5 $ 221.7 $ 154.1 $ 104.6 $ 175.7 $ 178.8 $ 230.0 Net debt to adjusted EBITDA is calculated as follows: Twelve Months Ended (In millions) December 31, 2011 December 31, 2012 December 31, 2013 December 31, 2014 Short-term portion and current portion of long-term debt $ 3.0 $ 3.8 $ 12.7 $ 61.8 Long-term debt 704.0 703.1 976.2 962.0 Less: Cash and cash equivalents (191.9) (210.0) (365.2) (238.6) Net Debt $ 515.1 496.9 623.7 785.2 Income before income taxes $ 168.9 $ 83.3 $ 151.0 $ 88.4 Interest expense, net 33.7 50.8 63.5 62.2 Depreciation and amortization 53.2 65.8 108.8 123.9 Equity income from equity affiliates (5.7) - - - Special items, impact on income before income taxes (48.1) 55.1 46.3 164.9 Interest expense included in special items - (1.3) (1.9) - Accelerated depreciation included in special items - - (12.7) (23.1) Adjusted EBITDA $ 202.0 $ 253.7 $ 355.0 $ 416.3 Net Debt/Adjusted EBITDA 2.6 2.0 1.8 1.9 Investor Day - May 18 2015 r11 Investor Day - May 18 2015 POL IR Presentation - Investor Day - 5_13_15 Master Version WEBSITE Investor Day Forward-Looking Statements Use of Non-GAAP Measures Agenda Introduction�� Slide Number 6 The Leaders Behind the Team Commodity to Specialty Transformation Proof of Performance Mix Shift Highlights Specialty Transformation Proof of Performance Successfully Navigating Change Since 2012 Strategy and Execution Drive Results Well Positioned for Accelerated Growth Global Color, Additives & Inks�� At a Glance A Case Study for Transformational Success Slide Number 18 Accelerating Growth Who We Are Growing With Innovation Pipeline Potential Megatrends Aligned with Key End Markets Key Initiatives Platinum Vision Summary Global Specialty Engineered Materials�� What We Do At a Glance A Case Study for Transformational Success Slide Number 30 Accelerating Growth Who We Are Growing With Innovation Pipeline Potential Megatrends Aligned with Key End Markets Key Initiatives Platinum Vision Summary �Designed Structures and Solutions�� At a Glance Early Progress A Lot of Work Remains with Tremendous Upside Potential Innovating with Cross-Business Unit Technologies Who We Are Growing With Key Initiatives Platinum Vision Summary Performance Products and Solutions�� At a Glance What We Have Delivered Slide Number 50 Accelerating Growth Who We Are Growing With Geographic Growth Opportunities Innovation Pipeline Potential Megatrends Aligned with Key End Markets Key Initiatives Platinum Vision Summary PolyOne Distribution�� At a Glance Slide Number 61 What We Have Delivered Accelerating Growth Who We Are Growing With Megatrends Aligned with Key End Markets Geographic Growth Opportunities Going Beyond Distribution Platinum Vision Summary Financial Highlights�� Who We Are Growing With 2014 Awards and Recognitions 2014 Financial Highlights Proof of Performance & 2015 Targets Ours is Not a Cost Cutting Story Financial Strength Financial Flexibility Cash to Generate Value Slide Number 79 Slide Number 80 2020 Platinum Vision�� PolyOne Core Values Confirmation of Our Strategy Strategy and Execution Drive Results Formula for Success Track Record of Successful Acquisitions Driving Toward Premier Profitability 2020 Platinum Vision Platinum Vision: Pathway to Accelerated Growth Driving Toward a Premium Specialty Multiple Why Invest In PolyOne?