Business Context and Reporting Period
Company: James Hardie Industries N.V.
Filing Type: Form 6-K (Report of Foreign Private Issuer)
Reporting Period: Month of September 2007
Filing Date: September 26, 2007
This filing serves as a cover document for several exhibits filed with the Australian Stock Exchange (ASX) and the New York Stock Exchange (NYSE). It does not contain a full financial report but rather references specific corporate actions and notices.
Key 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 external exhibits rather than a financial results announcement.
Material Changes and Corporate Actions
- Share Buy-backs: The company filed daily share buy-back notices (Appendix 3E) with the ASX on September 19, 21, and 24, 2007.
- Board Changes: A Managing Board Change notice was filed with the ASX on September 24, 2007.
- Regulatory Compliance: An Annual Written Affirmation was lodged with the NYSE and filed with the ASX on September 20, 2007.
Guidance, Risks, and Contingencies
The filing includes a Safe Harbor Statement regarding forward-looking statements. Key risks and contingencies identified include:
- Asbestos Liabilities: Expectations regarding payments to the Asbestos Injuries Compensation Fund (AICF) and the impact of foreign exchange on asbestos provisions.
- Legal Proceedings: Potential consequences of proceedings brought by the Australian Securities & Investments Commission against the company and former directors/officers.
- Operational Risks: Credit facility renewals, raw material costs, product failures, environmental liabilities, and natural disasters.
- Market Risks: Competition, pricing, general economic conditions, and foreign exchange risks.
Investor Verification Checklist
- Verify the specific volume and price of shares repurchased in the buy-back notices (Exhibits 99.1, 99.3, 99.4).
- Confirm the details of the Managing Board Change (Exhibit 99.5) to understand leadership impacts.
- Review the full Form 20-F (filed July 6, 2007) for detailed risk factors and financial data referenced in the Safe Harbor Statement.
- Monitor updates on the Asbestos Injuries Compensation Fund (AICF) payment schedules and legal proceedings.