Business Context and Reporting Period
This Form 6-K filing by James Hardie Industries N.V. (James Hardie) covers the month of October 2006, with the report dated October 4, 2006. The filing serves as an update regarding the Final Funding Agreement (FFA) and includes a Safe Harbor Statement regarding forward-looking statements.
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 update and does not contain financial statements or performance data for the period.
Material Changes
The primary material update contained in this filing is the extension of the Final Funding Agreement (FFA) deadline to October 31, 2006. This information was originally filed with the Australian Stock Exchange on October 2, 2006.
Guidance, Outlook, and Risks
The filing includes a comprehensive Safe Harbor Statement identifying various forward-looking statements and associated risks. Key areas of uncertainty and risk highlighted include:
- Expectations regarding the satisfaction of conditions precedent to the Final Funding Agreement.
- Payments to a special purpose fund for asbestos-related personal injury and death claims.
- Outcomes of an amended assessment by the Australian Tax Office.
- Extension or renewal of credit facilities.
- Projections of operating results and financial condition.
- Product or environmental liabilities and legal proceedings.
- Foreign exchange risks and compliance with Section 404 of the Sarbanes-Oxley Act.
Investor Verification Checklist
- Verify the status of the Final Funding Agreement (FFA) conditions precedent as of the October 31, 2006 deadline.
- Review the latest updates on the Australian Tax Office amended assessment.
- Confirm the current status of the special purpose fund for asbestos-related claims.
- Check for subsequent filings regarding the extension or renewal of the company's credit facilities.