Business Context and Reporting Period
Company: James Hardie Industries N.V.
Filing Type: Form 6-K (Report of Foreign Private Issuer)
Date: November 21, 2006
Context: This filing serves to furnish a KPMG valuation report dated September 30, 2006, which was previously filed with the Australian Stock Exchange on November 13, 2006. The registrant is a foreign private issuer headquartered in Amsterdam, The Netherlands.
Key Financial Metrics
The filing text does not provide specific values for revenue, profit, cash flow, margins, debt, or liquidity. The document is a procedural filing referencing an external valuation report rather than a financial statement containing operational metrics.
Material Changes
No material changes to financial performance or operations are detailed in this specific filing text. The document focuses on the submission of the KPMG valuation report as an exhibit.
Guidance, Outlook, and Risks
Forward-Looking Statements: The filing includes a Safe Harbor Statement identifying several areas of uncertainty and forward-looking expectations, including:
- Conditions precedent to the Final Funding Agreement.
- Payments to a special purpose fund for asbestos-related personal injury and death claims.
- Outcomes regarding an Australian Tax Office amended assessment.
- Extension or renewal of credit facilities.
- Projections of operating results and financial condition.
Key Risks: The registrant highlights significant risks that could cause actual results to differ from expectations, specifically:
- Liabilities arising from the prior manufacture of asbestos-containing products.
- Compliance with tax laws and environmental regulations.
- Product failures, defects, and legal proceedings.
- Foreign exchange risks and international business operations.
- Implementation of internal controls under Section 404 of the Sarbanes-Oxley Act.
Investor Verification Checklist
- Verify the contents of the KPMG valuation report (Exhibit 99.1) filed with the Australian Stock Exchange on November 13, 2006.
- Review the "Risk Factors" section of the Form 20-F filed on September 29, 2006, for detailed disclosures on asbestos liabilities and tax assessments.
- Monitor the status of the Final Funding Agreement and the special purpose fund for asbestos claims.
- Confirm the status of credit facility renewals and the Australian Tax Office amended assessment.