Investor Presentaiton
Key risks (continued)
Portfolio of categories
In its Produce division, Costa operates in five major categories including tomato, avocado, berries, citrus and mushroom. Costa also has an International division and Costa Farms & Logistics ("CF&L"). Costa's business model provides earnings
diversification however there is no certainty that diversification will insulate Costa's overall operating and financial returns in a given year.
Joint venture and partnership agreements
Costa has entered into a number of joint venture and partnership agreements. If any of these joint venture or partnership relationships break down, and/or the joint venture or partnership agreements are terminated or amended in a manner
unfavourable to Costa, this may impact Costa's ability to grow any proprietary and branded varieties that are licensed through these agreements and impact the dividends and/or royalties received by Costa as a result of its participation in the joint
venture or partnership agreements. The continued success of these joint ventures and partnerships depends, in part, on Costa's ability to continue to have a harmonious relationship with its partnership and joint venture partners.
While the joint venture and partnership agreements contain typical provisions which require approval from a partnership or joint venture partner for key decisions, they also provide each partnership or joint venture partner with a significant amount
of discretion in relation to activities undertaken by each party as part of the joint venture or partnership. Accordingly, a partnership or joint venture partner's conduct can have a significant impact on the success of the joint venture or partnership
and, in turn, could have a material impact on Costa's results and cash flow.
Intellectual Property
Costa relies on a combination of plant breeder's rights (or equivalent), trade marks and non-disclosure agreements and other methods to protect its intellectual property rights. Additionally, Costa has in place a number of licensing agreements for
intellectual property owned by third parties used by Costa and intellectual property owned by Costa and licensed to third parties. The failure to obtain or maintain Costa's intellectual property rights or to defend against claims of infringement of
intellectual property rights may diminish Costa's competitiveness and materially harm Costa's business. A number of Costa's products are grown from proprietary plant varieties. It is possible for problems to arise with the varietal genetics in which
case it may take considerable time to be able to source available substitutes. If Costa's processes are insufficient to identify these genetic issues at an early stage, the impacts will be heightened and longer lasting.
Urban and residential encroachment
A number of Costa's farming operations such as Costa's mushroom facilities in Mernda, Victoria and Casuarina, Western Australia, are located on the outskirts of urban areas which are expanding. As these urban areas expand, there is a high
likelihood that residential or commercial premises will be built in closer proximity to some of Costa's growing and packing facilities. Where residential or commercial premises are built close to Costa's facilities, there is an increased risk of
complaints made by neighbours in relation to odour and noise generated from Costa's facilities.
Complaints could result in residents lobbying for changes to local council zoning laws and/or legal action from neighbours, community interest groups or local councils seeking compensation from Costa and/or court orders that impact the manner
in which Costa conducts its business. Changes to zoning laws or specific court orders may impact the way that Costa operates its business and/or increase Costa's costs. These factors, together with any court orders for compensation, could
have a material impact on Costa's operations, financial performance and prospects.
Leased Property
Costa leases a significant amount of the land that Costa uses to grow and distribute its produce. Costa's leases have a range of terms and option periods, although they are generally long term leases which Costa or the property owner cannot
terminate prior to expiry of the applicable term in the absence of default. However, some of these leases have termination provisions which are triggered not only by a default under that lease, but the default of Costa under one of the other leases
(also known as "cross-default" clause), with the consequence that one default could have a significant effect beyond just the relevant property to which the default relates. Any material default under a lease by Costa, or failure to renew an existing
lease on acceptable terms or an inability to negotiate alternative arrangements, could materially adversely impact the operations and financial performance and prospects of Costa. In addition, there is a risk that Costa may become subject to
lease terms which are relatively unfavourable due to unanticipated changes in the property market.
Costa Group Holdings Limited
African Blue
Driscoll's K Kersama
Only the Finest Berries"
lady fingers
Morocco's Best Bluebe
Aussie avos. From Costa.
LOVACADO.
MUSH
BOOM!
TO THE
NOT FOR DISTRIBUTION OR RELEASE IN THE UNITED STATES
RESCUE
Perino
Vitor
itor
45
AUSTRALIA'S BEST
AUSTRALIA'S BEST
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