Business Context and Reporting Period
This Form 6-K filing by James Hardie Industries N.V. (James Hardie) covers the month of September 2006, with the report dated September 6, 2006. The filing serves to update investors on the "Final Funding Agreement Extension," a matter previously filed with the Australian Stock Exchange on September 1, 2006.
Key Financial Metrics
The filing text does not provide specific values for revenue, profit, cash flow, margins, debt, or liquidity. The document is a procedural update regarding a legal agreement rather than a financial results report.
Material Changes
No material changes to financial performance or operational metrics are reported in this document. The primary update concerns the status of the Final Funding Agreement related to asbestos liabilities.
Guidance, Outlook, and Risks
Forward-Looking Statements: The filing includes a Safe Harbor Statement identifying several forward-looking expectations, including:
- Expectations that conditions precedent to the Final Funding Agreement will be satisfied.
- Expectations regarding payments to a special purpose fund for asbestos-related personal injury and death claims.
- Expectations concerning an amended assessment by the Australian Tax Office.
- Expectations that credit facilities will be extended or renewed.
Risk Factors: The document references significant risks that could cause actual results to differ from expectations, including:
- Liabilities arising from the prior manufacture of asbestos-containing products.
- Compliance with and changes in tax laws.
- Exposure to environmental, asbestos, or other legal proceedings.
- Foreign exchange risks and general economic conditions.
- Implementation of internal controls under Section 404 of the Sarbanes-Oxley Act.
Investor Verification Checklist
- Verify the specific terms and conditions of the "Final Funding Agreement Extension" referenced in Exhibit 99.1.
- Confirm the status of the Australian Tax Office amended assessment mentioned in the forward-looking statements.
- Review the latest Form 20-F (filed July 7, 2005) for detailed risk factors regarding asbestos liabilities.
- Monitor subsequent filings for actual financial results, as this document contains no quantitative financial data.