Business Context and Reporting Period
This Form 6-K is a report of a foreign private issuer filed by James Hardie Industries N.V. (James Hardie) for the month of April 2009, dated April 29, 2009. The registrant is headquartered in Amsterdam, The Netherlands, and files annual reports on Form 20-F.
Financial Metrics
The filing text does not provide clear values for revenue, profit, cash flow, margins, debt, or liquidity. This document serves as a cover sheet and safe harbor statement rather than a financial results report.
Material Changes
No material financial changes or operational updates are detailed in the provided text. The filing primarily incorporates by reference an exhibit regarding Chilean Litigation (Exhibit 99.1).
Guidance, Outlook, and Risks
The document contains a comprehensive Safe Harbor Statement regarding forward-looking statements. Key risks and uncertainties identified include:
- Asbestos Liabilities: Matters arising from prior manufacture of asbestos-containing products, including contributions to the Asbestos Injuries Compensation Fund and related legal proceedings.
- Legal Proceedings: Potential consequences of proceedings brought by the Australian Securities & Investments Commission against the company and former directors.
- Operational and Market Risks: Plant closures, raw material costs, competition, product failures, and environmental liabilities.
- Financial Risks: Currency exchange rate movements affecting asbestos liability recordings and credit facility renewals.
- Other: Tax law changes, natural disasters, and reliance on a small number of customers.
Key Facts for Investor Verification
- Verify the details of the Chilean Litigation referenced in Exhibit 99.1, as this is the primary substantive disclosure in this filing.
- Review the company's most recent Form 20-F (filed July 8, 2008) for detailed financial metrics and risk factors, as this 6-K does not contain them.
- Monitor updates regarding the Asbestos Injuries Compensation Fund and related legal audits, as these are highlighted as significant uncertainties.
- Confirm the status of credit facilities and dividend expectations, which are listed as forward-looking items subject to change.