18 June 2010
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For more information, contact: | |
Sean OSullivan VP Investor and | ||
Media Relations, +61 2 8274 5239 | ||
or +61 412 139 711 |
▪ | the company now has a single Board of Directors, consisting of chairman, Michael Hammes; deputy chairman, Donald McGauchie; non-executive directors, Brian Anderson, David Dilger, David Harrison, James Osborne and Rudy van der Meer; and executive director, Louis Gries, the companys chief executive officer. With the abolition of the Managing Board, executives Russell Chenu and Robert Cox have ceased to be directors of James Hardie; | ||
▪ | the company has adopted the Articles of Association referred to in the Explanatory Memorandum issued in conjunction with Stage 2 of the Proposal and filed with the ASX today. The Articles of Association are also available on the companys website (www.jameshardie.com, select James Hardie Investor Relations); and | ||
▪ | the registered office of James Hardie is now Europa House, Second Floor, Harcourt Centre, Harcourt Street, Dublin 2, Ireland; Telephone: +353 1 411 6924; Facsimile: +353 1 479 1128. |
▪ | statements about the companys future performance; | |
▪ | projections of the companys results of operations or financial condition; | |
▪ | statements regarding the companys plans, objectives or goals, including those relating to its strategies, initiatives, competition, acquisitions, dispositions and/or its products; | |
▪ | expectations concerning the costs associated with the suspension or closure of operations at any of the companys plants and future plans with respect to any such plants; | |
▪ | expectations that the companys credit facilities will be extended or renewed; | |
▪ | expectations concerning dividend payments; | |
▪ | statements concerning the companys corporate and tax domiciles and potential changes to them, including potential tax charges; | |
▪ | statements regarding tax liabilities and related audits, reviews and proceedings; | |
▪ | statements as to the possible consequences of proceedings brought against the company and certain of its former directors and officers by the ASIC; | |
▪ | expectations about the timing and amount of contributions to the AICF, a special purpose fund for the compensation of proven Australian asbestos-related personal injury and death claims; | |
▪ | expectations concerning indemnification obligations; and | |
▪ | statements about product or environmental liabilities. |
▪ | all matters relating to or arising out of the prior manufacture of products that contained asbestos by current and former James Hardie subsidiaries; | |
▪ | required contributions to the AICF, any shortfall in the AICF and the effect of currency exchange rate movements on the amount recorded in the companys financial statements as an asbestos liability; | |
▪ | compliance with and changes in tax laws and treatments; | |
▪ | competition and product pricing in the markets in which the company operates; | |
▪ | the consequences of product failures or defects; | |
▪ | exposure to environmental, asbestos or other legal proceedings; general economic and market conditions; | |
▪ | the supply and cost of raw materials; the success of research and development efforts; | |
▪ | reliance on a small number of customers; | |
▪ | a customers inability to pay; |
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▪ | compliance with and changes in environmental and health and safety laws; | |
▪ | risks of conducting business internationally; | |
▪ | the companys transfer of its corporate domicile from The Netherlands to Ireland to become an Irish SE company; | |
▪ | compliance with and changes in laws and regulations; | |
▪ | currency exchange risks; | |
▪ | the concentration of the companys customer base on large format retail customers, distributors and dealers; | |
▪ | the effect of natural disasters; | |
▪ | changes in the companys key management personnel; | |
▪ | inherent limitations on internal controls; | |
▪ | use of accounting estimates; and | |
▪ | all other risks identified in the companys reports filed with Australian, Dutch, Irish and US securities agencies and exchanges (as appropriate). |
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