Business Context and Reporting Period
Company: James Hardie Industries N.V.
Filing Type: Form 6-K (Report of Foreign Private Issuer)
Date: February 24, 2009
Reporting Period: For the Month of February, 2009
This filing serves as a cover document for the submission of an exhibit containing forward-looking statements. The registrant is a foreign private issuer with principal executive offices in Amsterdam, The Netherlands, and files annual reports on Form 40-F.
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 referencing an exhibit (Appendix 3Y) rather than a financial results report.
Material Changes
The filing text does not contain data regarding material changes versus prior comparable periods. No financial performance comparisons are included in this specific document.
Guidance, Outlook, and Risks
The filing includes a comprehensive Safe Harbor Statement identifying forward-looking statements and associated risks. Key areas of uncertainty and potential liability include:
- Asbestos Liabilities: Expectations regarding payments to the Asbestos Injuries Compensation Fund (AICF) and the impact of foreign exchange on recorded asbestos liabilities.
- Legal Proceedings: Potential consequences of proceedings by the Australian Securities and Investments Commission against the Company and former directors/officers.
- Operational Risks: Costs associated with the suspension or closure of plant operations.
- Financial Obligations: Expectations concerning credit facility renewals, dividend payments, and tax liabilities.
- Market and Environmental Factors: Competition, product pricing, raw material costs, environmental liabilities, and general economic conditions.
Management cautions that actual results may differ materially from these expectations due to the inherent risks listed above.
Key Facts for Investor Verification
- Verify the contents of Exhibit 99.1 (Appendix 3Y), which contains the specific forward-looking statements referenced in this filing.
- Monitor the status of the Asbestos Injuries Compensation Fund (AICF) and any changes in contribution requirements.
- Track ongoing legal proceedings involving the Australian Securities and Investments Commission.
- Review the Company's Form 20-F (filed July 8, 2008) for detailed risk factors and historical financial data not present in this 6-K.
- Assess the impact of foreign exchange rates on the Company's reported asbestos liabilities and financial condition.