court. There can be no assurance that this settlement will be finalized, or finalized on the terms set forth  above. If the settlement is not finalized, the SEC may bring an enforcement action against the company.  The company’s current tolling arrangements with the SEC extend through June 15, 2010. To date, the company has not reached any agreement with the DOJ regarding a negotiated resolution of the  previously disclosed internal investigation. Based on discussions with the DOJ regarding the possible  disposition of this matter, it appears likely that any negotiated disposition would involve charges and  sanctions imposed by the DOJ, although the company is unable to predict at this time the nature and scope  of such charges and sanctions and upon whom they would be imposed. The timeframe for resolution of  these matters is also uncertain. Given these uncertainties, the company is unable at this time to estimate  the range of any monetary exposure that might arise from such a settlement. As a result, no accrual for  potential additional liabilities associated with a negotiated resolution with the DOJ has been recorded as of  March 31, 2010. Any fines or penalties paid to the DOJ would reduce the balance of the SEC contingent  penalty referenced above under the company’s agreement in principle with the SEC. Should additional  information be obtained that any potential liability in connection with the resolution of these matters with the  DOJ is probable and reasonably estimable, the company will record such liability at that time. While  uncertain, ultimate resolution with the DOJ could have a material adverse effect on the company’s results of  operations or cash flows. It is possible that if agreement is not reached, the DOJ may bring enforcement  action against the company. Various legal proceedings and claims are outstanding which arose in the ordinary course of business. In  management’s opinion, the amount of ultimate liability, if any, with respect to these actions, will not have a  material adverse effect on the company's financial position, results of operations, or cash flows. Information  related to various commitments and contingencies, including legal proceedings, is disclosed in Note 10 to  Notes to Consolidated Financial Statements included in this report.  ITEM 4.  RESERVED Other Items  Department of Justice  -23- 