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Achieving Off-Balance-Sheet Financing

6.16 Achieving Off-Balance-Sheet Financing. (Adapted from materials by. R Dieter, D. Landsittel, J. Stewart, and A. Wyatt)

Diviney Company wants to raise $50 million Cash but for various reasons does not want to do so in a way that results in a newly recorded liability. The firm is sufficiently solvent and profitable, so its bank is willing to lend up to $50 million at the prime interest rate. Diviney’s financial executives have devised six different plans, described in the following sections. TRANSFER OF RECEIVABLES WITH RECOURSETRANSFER OF RECEIVABLES WITH RECOURSE Diviney will transfer to Condon Company its long-term accounts receivable, which call for payments over the next two years. Condon will pay an amount equal to the present value of the receivables, minus an allowance for uncollectible, as well as a discount, because it is paying now but will collect cash later. Diviney must repurchase from Condon at face value any receivables that become un collectible in excess of the allowance. In addition, Diviney may repurchase any of the receivables not yet due at face value minus a discount specified by formula and based on the prime rate at the time of the initial transfer. (This option permits Diviney to bene-fit if an unexpected drop in interest rates occurs after the transfer.) The accounting issue is whether the transfer is a sale (in which Diviney increases Cash, reduces Accounts Receivable, and recognizes expense or loss on transfer) or merely a loan collateralized by the receivables (in which Diviney increases Cash and increases Notes Payable at the time of transfer).PRODUCT FINANCING ARRANGEMENTPRODUCT FINANCING ARRANGEMENTDiviney will transfer inventory to Condon, which will store the inventory in a public warehouse. Condon may use the inventory as collateral for its own borrowings, the proceeds from which will be used to pay Diviney. Diviney will pay storage costs and will repurchase the entire invent-tory within the next four years at contractually fixed prices plus interest accrued for the time elapsed between the transfer and later repurchase. The accounting issue is whether the invent-tory is sold to Condon, with later repurchases treated as new acquisitions for Diviney’s invent-tory, or whether the transaction is merely a loan, with the inventory remaining on Diviney’sbalance sheet. THROUGHPUT CONTRACTTHROUGHPUT CONTRACT Diviney wants a branch line of a railroad built from the main rail line to carry raw material directly to its plant. It could, of course, borrow the funds and build the branch line itself. Instead, it will sign an agreement with the railroad to ship specified amounts of material each month for10 years. Even if Diviney does not ship the specified amounts of material, it will pay the agreed ship-ping costs. The railroad will take the contract to its bank and, using it as collateral, borrow the funds to build the branch line. The accounting issue is whether Diviney should increase an asset for future rail services and increase a liability for payments to the railroad. The alternative is to make no accounting entry except when Diviney makes payments to the railroad. CONSTRUCTION PARTNERSHIPCONSTRUCTION PARTNERSHIPDiviney and Mission Company will jointly build a plant to manufacture chemicals that both needing their production processes. Each will contribute $5 million to the project, called Chemical. Chemical will borrow another $40 million from a bank, with Diviney being the only guarantor of the debt. Diviney and Mission are each to contribute equally to future operating expenses and debt service payments of Chemical, but in return for its guaranteeing the debt, Diviney will have an option to purchase Mission’s interest for $20 million four years hence. The accounting issue is whether Diviney should recognize a liability for the funds borrowed by Chemical. Because of the debt guarantee, debt service payments ultimately will be Diviney’s responsibility. Alternatively, the debt guarantee would be treated as a commitment merely to be disclosed in the notes to Diviney’s financial statements. RESEARCH AND DEVELOPMENT PARTNERSHIPRESEARCH AND DEVELOPMENT PARTNERSHIPDiviney will contribute a laboratory and preliminary findings about a potentially protologue-splicing discovery to a partnership, called Venture. Venture will raise funds by selling the remaining interest in the partnership to outside investors for $2 million and borrowing $48million from a bank, with Diviney guaranteeing the debt. Although Venture will operate under Diviney’s management, it will be free to sell the results of its further r discoveries and development efforts to anyone, including Diviney. Diviney is not obligated to purchase any of Venture’s output. The accounting issue is whether Diviney would recognize the liability. HOTEL FINANCINGHOTEL FINANCING Diviney owns and operates a profitable hotel. It could use the hotel as collateral for a conventional mortgage loan. Instead, it considers selling the hotel to a partnership for $50 million cash. The partnership will sell ownership interests to outside investors for $5 million and borrow$45 million from a bank on a conventional mortgage loan, using the hotel as collateral. Diviney guarantees the debt. The accounting issue is whether Diviney would record the liability for the guaranteed debt of the partnership.

REQUIREDREQUIRED

Discuss the appropriate treatment of each proposed arrangement from the viewpoint of the auditor, who must apply U.S. GAAP in deciding whether the transaction will result in a liability to be recorded or whether note disclosure will suffice. Does U.S. GAAP reporting result in an accurate portrayal of the economics of the arrangement in each case? Explain

6.21 Restructuring Charges at Intel.

Intel Corporation’s consolidated income statement appears in Exhibit 6.16.Note 15, which follows, explains the source of the restructuring charges, the breakdown of the charges into employee-related costs and asset impairments, and the balance of the accrued restructuring liability account We may incur additional restructuring charges in the future for employee severance andbenefit arrangements, and facility-related or other exit activities. Subsequent to the end of2008, management approved plans to restructure some of our manufacturing and assemblyand test operations, and align our manufacturing and assembly and test capacity to currentmarket conditions. These actions, which are expected to take place beginning in 2009, includeclosing two assembly and test facilities in Malaysia, one facility in the Philippines, and one facil-ity in China; stopping production at a 200mm wafer fabrication facility in Oregon; and endingproduction at our 200mm wafer fabrication facility in California.2008 NAND PLAN2008 NAND PLANIn the fourth quarter of 2008, management approved a plan with Micron to discontinue thesupply of NAND flash memory from the 200mm facility within the IMFT manufacturing network.The agreement resulted in a $215 million restructuring charge, primarily related to the IMFT200mm supply agreement. The restructuring charge resulted in a reduction of our investmentin IMFT of $184 million, a cash payment to Micron of $24 million, and other cash payments of$7 million.2006 EFFICIENCY PROGRAM2006 EFFICIENCY PROGRAMThe following table summarizes charges for the 2006 efficiency program for the three yearsended December 27, 2008:(in millions) 2008 2007 2006Employee severance and benefit arrangements $ 151 $ 289 $ 238Asset impairments 344 227 317Total $495 $516 $555402 CHAPTER 6 Accounting QualityCopyright 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.The following table summarizes the restructuring and asset impairment activity for the2006 efficiency program during 2007 and 2008:(in millions)Employee Severanceand BenefitsAssetImpairments TotalAccrued restructuring balanceas of December 30, 2006 $ 48 $ — $ 48Additional accruals 299 227 526Adjustments (10) — (10)Cash payments (210) — (210)Non-cash settlements — (227) (227)Accrued restructuring balanceas of December 29, 2007$ 127 $ — $ 127Additional accruals 167 344 511Adjustments (16) — (16)Cash payments (221) — (221)Non-cash settlements — (344) (344)Accrued restructuring balanceas of December 27, 2008$57 $— $57We recorded the additional accruals, net of adjustments, as restructuring and asset impair-ment charges. The remaining accrual as of December 27, 2008 was related to severance benefitsthat we recorded within accrued compensation and benefits.From the third quarter of 2006 through the fourth quarter of 2008, we incurred a total of$1.6 billion in restructuring and asset impairment charges related to this program. Thesecharges included a total of $678 million related to employee severance and benefit arrange-ments for appr oximately 11,900 employees, and $888 million in asset impairment charges.

REQUIREDREQUIRED

a. Based on your reading of the note, how would you treat Intel’s restructuring charges inthe assessment of current profitability and the prediction of future earnings?

b. Why is the balance of the ‘‘accrued restructuring’’ limited to employee-related costs?

c. Describe the effect on net income of each entry in the ‘‘accrued restructuring balance’’ account reconciliation. (For example, what is the effect of ‘‘Additional accruals’’ on net income?)

d. How do U.S. GAAP and IFRS differ on the rules used to compute the restructuring charge?

7.3 Dividends. Following is the shareholders’ equity section of All-Wood Doors on a dayits common stock is trading at $130 per share. Common stock ($2 par value, 40,000 shares issued and outstanding) $80,000Additional paid-in capital on common stock 1,600,000Retained earnings 3,000,000

a. Use the financial statement template below to show the financial statement effects ofthe following dividend events. (Assume that the events are independent.)(1) Cash dividend declaration and payment of $1 per share(2) Property dividend declaration and payment of shares representing a short-terminvestment in Screen Products, Ltd., with a fair value of $10,000(3) 10% stock dividend(4) 100% stock dividend(5) 3-for-1 stock split(6) 1-for-2 reverse stock splitAssets = Liabilities +Shareholders’ EquityCC AOCI REJournal entry:

b. Which events changed the book value of common equity? Under what conditions willthese events lead to future increases and decreases in ROCE (see Chapter 4 for the ROCEdefinition)

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Scientific Inquiry Using WildCam Gorongosa

Paper on Scientific Inquiry Using WildCam Gorongosa: Gorongosa National Park is a 1,570-square-mile protected area in Mozambique. Lion researcher Paola Bouley and her team use motion-detecting trail cameras to learn more about Gorongosa’s lions. Lions are not the only animal captured by these cameras. The photos provide valuable information on a variety of different animals, including helping estimate populations, behaviors, and interactions of other animals. The public has identified animals and collected data from the photos on a citizen science website called WildCam Gorongosa. The WildCam Lab is a part of WildCam Gorongosa, where you can view trail-camera data on a map, filter, and download the data to investigate scientific questions.

The process of science is iterative and adaptable. Scientific inquiry is often initiated by making observations about the natural world. Observations can inspire questions about phenomena, to gain understanding about how nature works. For scientists to answer a question, it must be testable, meaning that it could be answered by designing an experiment and/or collecting data. After identifying a testable question, the scientist may form a hypothesis, which is an explanation for the observed phenomenon based on observations and/or prior scientific knowledge, and predict the expected results of the investigation if the hypothesis is supported. The scientist can test the hypothesis through experimentation or further observation and then analyze and interpret the collected data.

In this activity, you will learn firsthand what it is like to be an ecologist studying Gorongosa’s wildlife. You will use actual trail camera data to generate a testable question, form a hypothesis and prediction, and choose and analyze the appropriate data to answer your question from the WildCam Lab. The results of your investigation may contribute to the conservation effort in Gorongosa National Park.

The above text is from the Student Handout.

Download and review the Student Handout. From the same location, download and review one of the three spreadsheet tutorials, depending upon your computer and software resources (Excel for PC, Excel for Mac, or Google Sheets). Complete the handout and construct the required spreadsheet graph. Please note that the link to the Gorongosa National Park Interactive Map provided in the Student Handout no longer works. Instead, please navigate to Wildcam Gorongosa Lab and select Explorer from three role options in boxes below the photograph.

In a Word document, discuss all parts of this lab activity. Your essay should include the answers to all the worksheet questions. Do not include the original questions. Your answers should be presented in flowing paragraph form. Be sure to include your spreadsheet graph from this activity in the paper. 

Your paper should meet the following requirements:

  • Be 3 pages in length (excluding the spreadsheet graph, title page, or references list)
  • Include 1-2 outside sources
  • Be formatted according to the APA Format 

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Post a description of the current national healthcare issue/stressor you selected for analysis.

Discussion: Review of Current Healthcare Issues If you were to ask 10 people what they believe to be the most significant issue facing healthcare today, you might get 10 different answers. Escalating

Discussion: Review of Current Healthcare Issues

If you were to ask 10 people what they believe to be the most significant issue facing healthcare today, you might get 10 different answers. Escalating costs? Regulation? Technology disruption?

These and many other topics are worthy of discussion. Not surprisingly, much has been said in the research, within the profession, and in the news about these topics. Whether they are issues of finance, quality, workload, or outcomes, there is no shortage of changes to be addressed.

In this Discussion, you examine a national healthcare issue and consider how that issue may impact your work setting. You also analyze how your organization has responded to this issue.

ASSIGNMENT: 

Post a description of the current national healthcare issue/stressor you selected for analysis. Explain how the healthcare issue/stressor may impact your work setting (my work setting is a Substance Abuse and Mental Health Facility). Then, describe how your health system work setting has responded to the healthcare issue/stressor, including a description of what changes may have been implemented. Be specific and provide examples.

  • Discussion is to consist of 3 paragraphs with 750 words no less than 550. With at least 3 references no more than 5 years old

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The role genetics plays in the disease

Discussion: Alterations in Cellular Processes

. Post an explanation of the disease highlighted in the scenario you were provided. Include the following in your explanation:

  • The role genetics plays in the disease.
  • Why the patient is presenting with the specific symptoms described.
  • The physiologic response to the stimulus presented in the scenario and why you think this response occurred.
  • The cells that are involved in this process.
  • How another characteristic (e.g., gender, genetics) would change your response.

 Scenario 1: A 16-year-old boy comes to clinic with chief complaint of sore throat for 3 days. Denies fever or chills. PMH negative for recurrent colds, influenza, ear infections or pneumonias. NKDA or food allergies. Physical exam reveals temp of 99.6 F, pulse 78 and regular with respirations of 18. HEENT normal with exception of reddened posterior pharynx with white exudate on tonsils that are enlarged to 3+. Positive anterior and posterior cervical adenopathy. Rapid strep test performed in office was positive. His HCP wrote a prescription for amoxicillin 500 mg po q 12 hours x 10 days disp #20. He took the first capsule when he got home and immediately complained of swelling of his tongue and lips, difficulty breathing with audible wheezing. 911 was called and he was taken to the hospital, where he received emergency treatment for his allergic reaction

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Assume that a corporation needs to enter the private debt market to raise funds for plant expansion

Assume that a corporation needs to enter the private debt market to raise funds for plant expansion. The corporation expects debt covenants to place restrictions on the levels of its current ratio and total-liabilities-to-assets ratio. Considering the accounts that comprise these ratios, provide examples of accounting estimates, accounting judgments, and structured transactions that the lender should examine closely and explain why each is important. In replies to peers, discuss additional information the lender should consider.

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Impact human development has had on biodiversity

Take some time to observe your local environment, noting the types of species you see. This may include animals, insects, and plants… both wild and introduced. Do not overlook organisms because they are common—they are part of your local environment, too. What about grasses in yards? Trees? Even extremely urbanized environments support life—do you see ants? Pigeons?

Supplement your own observations with online research using credible sources; you might also visit a local nature center or park to view exhibits or talk with an educator or ranger there.

Describe the impact human development has had on biodiversity in your area and consider the following:

  • What are some examples of prevalent species in your area?
  • Do they normally occur here or were they introduced?
  • What is their interaction with humans?
  • What types of species would naturally occur in your region?
  • Are many of them still around

300 words

No APA Format 

Citations and references required

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Discuss the manner of manufacture requirements prescribed under the Patents Act 1990 (Cth)and advise Aria if “A-Well” could potentially fall within the concept of manner of manufacture according to this Act; and

Intellectual Property Law

Take-Home Assessment

  1. This assessment item must be submitted to the Turnitin portal on the course Canvas site by Thursday 2 June 23:59 pm. Any paper that is not submitted through the Turnitin portal by this time without an extension is subject to late penalties.
  • Late penalties set out in the LAWS6086 Course Outline will be applied where the assessment item is submitted after the due date/time and no extension of time is granted in accordance with the University’s Adverse Circumstances policies and procedures.
  • The absolute word limit will be 2000 words, meaning that the word limit is 1818 words ± 10% = 2000 words maximum. A word limit restriction will not apply to each question.
  • Footnotesmustonlybeusedtoprovide references, not substantive commentary.  Footnotes will not be counted when determining the total number of words in a paper, as long as they only contain citation information. However, all other words (including headings) will be counted when determining the total number of words in a paper.

Please contact the Course Coordinator for this part of the course if you have any questionsregarding this assessment item atsuzana.nashkova@newcastle.edu.au).

ASSIGNMENT QUESTIONS

All of the below questions are compulsory.

QUESTION 1 [ 25 marks]

Aria Welsh is an owner of a small business located in Newcastle called “Well-Shness”. She invented what she believes is a unique water bottle called “A-Well” and is interested in protecting her “invention” by applying for patent protection in Australia. As an entrepreneur, Aria understands that patenting is an expensive process and is hence not sure if she has the financial ability to make such an investment given that her business is small and not very profitable. Aria is aware that trade secret protection may be a better alternative from a financial point of view, but she also knows that “A-Well” can be easily reverse engineered, so relying on a de facto secrecy monopoly might not benefit her in the long term.

Ariahas heard from one of her friends that you are a lawyer who has a good knowledge of Australian Patent law and you have previously done an internship in a patent attorney’s office.She has scheduled a meeting with you to discuss the details of “A-Well” hoping to get a “provisional assessment” as to whether her “invention” can meet the requirements and obtain a standard patent in Australia. In the course of your discussion, she informs you that her water bottle includes a specialfeature that enables users to place and keep their phones in a cavity integrated into the water bottle. She further notes that the water bottle has integrated a phone charging apparatus connected to an inbuilt power bankthat enables users to charge their phone when the same is placed in the cavity. Before your meeting ends, Aria informs you that there are a few similar products in the market, however, “A-Well”has some essential componentsthat are unique.

Considering the facts in this scenario, addressthefollowingtwo (2) questions

Question1(A) = [12.5 marks]

  1. Discuss the manner of manufacture requirements prescribed under the Patents Act 1990 (Cth)and advise Aria if “A-Well” could potentially fall within the concept of manner of manufacture according to this Act; and

Question1(B) = [12.5 marks]

 

B)   Discuss the applicability of the requirements under Section 7.2 of the Patents Act 1990 (Cth) and explain to Aria the steps a patent attorney will need to follow to prove to IP Australia that “A-Well” meets the inventive step requirements.

In your answer, make sure you refer to the appropriate legislation, case law and/or regulative provisions.

[Total for question one _/25 marks]

QUESTION 2 [ 25 marks]

Josh White is the owner of a well-known restaurant in Sydney called “La Mange”. The restaurant was established by Josh’s grandfather and has been operatingsuccessfully for more than 60 years. The success of the restaurant has been attributed to the special sauce called “La Saveur”which the White family has been using when serving seafood. Many customers have over the years inquired about the “La Saveur”ingredients, yet the White family kept it as a trade secret and never disclosed the recipe to anyone except for their two chefs under a strict confidentiality agreement.

“La Mange”has a very nice and spacious outdoor setting, which can be easily adapted as an open-air cinema. On Sunday, 15January 2022, the restaurant was due to host around 150 guests for a dinner before the screening of the premiere of the new TV Show – Luxe Living. Almost all of the guests who were invitedwere local “celebrities” and this event was set to attract great publicity for the restaurant.

John and his team worked tirelessly to organise the event and accommodate the preferences of their guests. Everything except for the food appeared to be well prepared on 14 January 2022. When Josh came to work on the morning of15January, he received a phone call from his two chiefsMyla and Ethan who told him that they have contracted COVID-19 and are not able to come to work.

Josh turned in distress to Mark, one of his employees and an aspiring “commis chef”,[1] and asked him to take the role of chef for that event. Mark agreed to help Josh and requested the recipe for “La Saveur”in order to be able to prepare some of the meals. Josh was aware of the fact that it is Sunday so he cannot reach out to his lawyer and ask for a copy of a confidentiality agreement, so he disclosed the secret recipe to Mark and told him explicitly that the information is confidential. The event turned out to be a huge success and Josh thanked his staff, especially Mark for their dedicated efforts. Josh particularly acknowledged Mark’s contribution to this event in a speech he gave during Mark’s farewell party at the end of January 2022.

A few months after Mark left “La Mange”, Josh discovers that a new restaurant in Sydney called “La Maison” is using and also selling jars of the famous “La Saveur” sauce. There has been some speculation that the owner has signed a million-dollar contract with a manufacturer and the sauce will soon reach the shelves of the biggest supermarket chain in New South Wales. Marine who is Josh’sfriend told him that his former employee Mark is the owner of that restaurant. Josh went to “La Maison” and confronted Mark about the use of his trade secret without authorisation. Mark replied that he is under no such obligation given that unlike Myla and Ethan he has not signed a confidentiality agreement with respect to Josh’s trade secret.

Josh is devastated. He is concerned that “La Mange”will lose significant profitability and annoyed that another restaurant is profiting from his family’s recipe. He comes to your legal office asking if you can help him somehow.

Considering the facts in this scenario, addressthefollowingtwo (2) questions

Question2(A) = [12.5 marks]

  1. What, if any, legal mechanism/s could be used to potentially impose liability on Mark for the (mis)use of Josh’s trade secret in the absence of a confidentiality agreement? and

Question2(B) = [12.5 marks]

  • Critically analyse whether Josh is entitled to some form of relief in this scenario against Mark and/or “La Maison”?

In your answer, make sure you refer to the appropriate legislation, case law and/or regulative provisions.

[Total for question two _/25 marks]

[Total for Q1 and Q2 _/50 marks]


[1]The term “commischef” is employed here in its ordinary meaning to designate a junior member of the kitchen staff who is undergoing some culinary training or is just about to complete it.

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conduct an analysis as well as highlight key areas/trends of the income statement and balance sheet

 For this assignment, you will continue researching your chosen company. Compose a paper on the financials of your chosen firm; you will choose two ratios from each category (liquidity, profitability, and solvency) and conduct an analysis as well as highlight key areas/trends of the income statement and balance sheet. Be sure to answer the following questions in your response:

What do the ratios reflect?

Does the company appear healthy and headed in the right direction? Explain.

How does the company compare to another firm in the same industry in regards to financial metrics (for instance, a comparison of Target versus Walmart based on the basic ratio categories mentioned above)?

Your paper must be at least two pages in length, and you must use at least two sources. Adhere to APA Style when creating citations and references for this assignment

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Describe what a crediting rate/score is. Should this be a factor in evaluating companies?

You work as a financial analyst at a large automobile corporation that occasionally makes acquisitions of smaller companies that specialize in the production and assembly of small component parts. In order to achieve vertical integration of its newest sports sedan model, the company is evaluating a few manufacturing companies that have experienced strong financial performance in the past few years. These companies would make excellent acquisitions due to the nature and quality of the product and the anticipated ease of transition. You have been tasked to evaluate these companies from a financial perspective and choose one. To do this, you need to brush up on a few concepts by addressing the following topics:

Describe what a crediting rate/score is. Should this be a factor in evaluating companies?
The firm will need to raise funds immediately for the acquisition, and debt will be used. Should the firm borrow on a long-term or short-term basis? Why?
Explain the effect, if any, inflation rates will have on the purchase? How significant is this factor?
Define the relationship between yield curves and the term structure of interest rates.
Explain what would happen to interest rates if a new process was developed that allowed automobiles to run off oil that was formulated based on lemonade? The technology used to convert this liquid to gas would be pricey but well worth it. What impact would this technology have on interest rates?
Discuss what ratios should be used to assess the financial health of the potential acquisition?
Your completed case study must be at least two pages in length, and you must use at least your textbook as a reference. Other references may be used as needed. Adhere to APA Style when creating citations and references for this assignment.

Textbook:
Melicher, R. W., & Norton, E. A. (2020). Introduction to finance: Markets, investments, and financial management (17th ed.). Wiley. https://online.vitalsource.com/#/books/9781119560579

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Which stock market exchange is the company listed on?

 In Unit II, you began working on your research paper that will be due in Unit VII of this course. In this unit, you will continue researching the company that you selected for your paper. For this assignment, evaluate the following items in relation to your chosen company:

Which stock market exchange is the company listed on?

Look at the past three years’ worth of stock activity for your company.

What is the average stock price during that period?

What was the high/low price?

Has the company ever initiated a stock split?

How many shares of stock are outstanding? Authorized? Issued?

Would you invest in this company based on what you have evaluated? Why, or why not?

Compare this company’s stock to another company within the same industry. How does the stock compare in terms of price and activity? Explain.

Your paper must be at least two pages in length, and you must use at least two sources. Adhere to APA Style when creating citations and references for this assignment

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