Business Context and Reporting Period
This Form 6-K filing by James Hardie Industries N.V. (James Hardie) was submitted to the U.S. Securities and Exchange Commission on February 12, 2009. The registrant is a foreign private issuer with principal executive offices in Amsterdam, The Netherlands. The filing serves as a conduit for forward-looking statements and disclosures regarding the company's operations and liabilities.
Key Financial Metrics
The provided filing text does not contain specific financial data. There are no reported values for revenue, profit, cash flow, margins, debt, or liquidity in this document. The text explicitly states that the exhibits contain forward-looking statements rather than historical financial results.
Material Changes
The filing does not provide comparative financial data or specific details on material changes versus prior periods. It references the Form 20-F filed on July 8, 2008, for detailed risk factors but does not summarize operational or financial changes within this specific text.
Guidance, Outlook, and Risks
The document focuses heavily on a "Safe Harbor Statement" regarding forward-looking statements. Key areas of uncertainty and risk identified 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.
- Operational Risks: Costs associated with the suspension or closure of plants and product failures or defects.
- Financial Obligations: Expectations concerning credit facility renewals, dividend payments, and tax liabilities.
- Market Conditions: General economic conditions, competition, raw material costs, and foreign exchange risks.
Management cautions that actual results may differ materially from these expectations due to the inherent risks listed above.
Investor Verification Checklist
- Verify the specific amounts and timing of payments to the Asbestos Injuries Compensation Fund (AICF).
- Review the status of legal proceedings involving the Australian Securities and Investments Commission.
- Confirm the current status of credit facilities and any plans for plant closures or suspensions.
- Examine the Form 20-F filed on July 8, 2008, for detailed risk factors and historical financial data not present in this filing.
- Assess the impact of foreign exchange fluctuations on the company's asbestos liability and overall financial condition.