Business Context and Reporting Period
Company: James Hardie Industries N.V.
Filing Type: Form 6-K (Report of Foreign Private Issuer)
Reporting Period: September 2006 (Filed September 21, 2006)
Context: This filing serves as a conduit for an update regarding the implementation of the Final Funding Agreement, originally filed with the Australian Stock Exchange on September 15, 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. This document is a procedural filing referencing an external exhibit rather than a financial results report.
Material Changes
No material financial changes are detailed in the text of this filing. The primary subject matter is the status of the Final Funding Agreement related to asbestos liabilities.
Guidance, Outlook, and Risks
Forward-Looking Statements: The filing includes a Safe Harbor Statement identifying several forward-looking expectations, including:
- Conditions precedent to the Final Funding Agreement being satisfied.
- 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 specific terms and current status of the Final Funding Agreement by reviewing Exhibit 99.1 (Update on Implementation of Final Funding Agreement).
- Confirm the progress of payments to the special purpose fund for asbestos claims.
- Monitor the status of the Australian Tax Office amended assessment.
- Review the company's Form 20-F (filed July 7, 2005) for detailed risk factors regarding asbestos liabilities and environmental exposures.