Business Context and Reporting Period
This Form 6-K filing by James Hardie Industries N.V. (James Hardie) covers the month of February 2009. The registrant is a foreign private issuer with principal executive offices in Amsterdam, The Netherlands. The filing primarily serves to provide a Safe Harbor Statement regarding forward-looking statements and references Appendix 3B as an exhibit.
Key Financial Metrics
The filing text does not provide specific values for revenue, profit, cash flow, margins, debt, or liquidity. This document is a procedural filing containing legal disclaimers and an exhibit index rather than a financial results report.
Material Changes
No material changes to financial performance or operations are reported in this specific filing text. The document does not contain comparative period data.
Guidance, Outlook, and Risks
The filing includes a comprehensive Safe Harbor Statement identifying numerous forward-looking statements and associated risks. Key areas of uncertainty and potential liability include:
- Payments to the Asbestos Injuries Compensation Fund (AICF) and asbestos-related liabilities.
- Tax liabilities, audits, and proceedings.
- Legal proceedings by the Australian Securities and Investments Commission against the Company and former directors.
- Indemnification obligations and costs related to plant suspensions or closures.
- Renewal of credit facilities and dividend payments.
- Foreign exchange risks affecting recorded liabilities.
- General economic conditions, raw material costs, and environmental liabilities.
Management cautions that actual results may differ materially from expectations due to these factors.
Investor Verification Checklist
- Verify the specific content of Appendix 3B (Exhibit 99.1) referenced in this filing for detailed forward-looking statements.
- Review the most recent Form 20-F (filed July 8, 2008) for detailed risk factors and financial data.
- Monitor updates regarding the Asbestos Injuries Compensation Fund (AICF) contribution requirements.
- Track the status of legal proceedings involving the Australian Securities and Investments Commission.
- Assess the impact of foreign exchange rates on the Company's asbestos liability reporting.