Business Context and Reporting Period
This Form 6-K is a report of a foreign private issuer filed by James Hardie Industries N.V. (also referred to as James Hardie Industries Plc) for the month of December 2006. The filing was signed on January 5, 2007, by Benjamin Butterfield, Secretary. The registrant is headquartered in Amsterdam, The Netherlands, and files annual reports under Form 20-F.
Financial Metrics
The filing text does not provide specific values for revenue, profit, cash flow, margins, debt, or liquidity. This document serves as a cover sheet and index for exhibits filed with the Australian Stock Exchange rather than a financial results report.
Material Changes
No material financial changes or comparative period data are disclosed in the text of this filing. The document references the filing of an Amended and Restated Final Funding Agreement (FFA) (Exhibit 99.4) on December 22, 2006, which relates to the funding of asbestos-related liabilities.
Guidance, Outlook, and Risks
The filing includes a Safe Harbor Statement regarding forward-looking statements. Key areas of uncertainty and risk identified include:
- Conditions precedent to the Final Funding Agreement.
- Payments to a special purpose fund for asbestos-related personal injury and death claims.
- Amended assessments by the Australian Tax Office.
- Extension or renewal of credit facilities.
- Product or environmental liabilities and legal proceedings.
- Compliance with Section 404 of the Sarbanes-Oxley Act.
Management cautions that actual results may differ materially from expectations due to these factors.
Key Facts for Investor Verification
- Verify the terms and status of the Amended and Restated Final Funding Agreement referenced in Exhibit 99.4.
- Review the Appendix 3B (Exhibit 99.1) for details on the exercise of stock options filed with the Australian Stock Exchange.
- Confirm the implications of the Initial Director's Interest Notice (Exhibit 99.2).
- Check the status of the Extraordinary Information Memorandum (EIM) and Extraordinary General Meeting (EGM) documents (Exhibit 99.3).
- Note that this filing does not contain financial performance data; refer to the Form 20-F or specific earnings releases for financial metrics.