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 December 2008, dated December 22, 2008. The registrant is headquartered in Amsterdam, The Netherlands, and files annual reports on Form 20-F. The filing primarily serves to incorporate by reference Exhibit 99.1 (Appendix 3B) into specific Registration Statements on Forms S-8.
Key Financial Metrics
The provided filing text does not contain specific financial data regarding revenue, profit, cash flow, margins, debt, or liquidity for the reporting period. The document consists of cover pages, a safe harbor statement, an exhibit index, and signatures. It references financial projections and liabilities in a qualitative manner within the safe harbor section but does not report actual figures.
Material Changes
No material changes in financial condition or operations are detailed in the text of this specific filing. The document does not provide comparative data against prior periods.
Guidance, Outlook, Risks, and Contingencies
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 rates 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 plants and product failures or defects.
- Financial Obligations: Expectations concerning credit facility renewals, dividend payments, and tax liabilities.
- Market Factors: Competition, pricing, raw material costs, and general economic conditions.
Management cautions that actual results may differ materially from forward-looking statements due to these factors.
Investor Verification Checklist
- Verify the contents of Exhibit 99.1 (Appendix 3B), which is incorporated by reference but not included in the provided text.
- Review the Form 20-F filed on July 8, 2008 for detailed risk factors and historical financial data.
- Monitor updates regarding the Asbestos Injuries Compensation Fund (AICF) contribution requirements and related litigation.
- Assess the status of credit facilities and potential impacts of foreign exchange rate fluctuations on liabilities.