Exhibit 99.2
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For more information, contact: |
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Sean OSullivan VP Investor and |
7 December 2010
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Media Relations, +61 2 8274 5239 |
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or +61 412 139 711 |
Standby facility for the Asbestos Injuries
Compensation Fund
James Hardie Industries SE (James Hardie) notes that the NSW Government and the Australian
Government today announced that a standby loan facility of up to A$320 million for the Asbestos
Injuries Compensation Fund (AICF) has been formalised. The then Prime Minister of Australia and the
then Premier of New South Wales had previously on 7 November 2009 announced that a loan would be
provided by the NSW Government, with the support of the Australian Government, to support the
ongoing operations of the AICF.
The standby loan facility will assist the AICF to meet short-term funding shortfalls, and to
continue to make payments to claimants should contributions made by James Hardie under the Amended
and Restated Funding Agreement (AFFA) be insufficient to maintain liquidity in the fund.
Drawing under the standby loan facility is conditional on the AFFA being varied to reflect the
arrangements entered into in connection with this facility and the Australian Taxation Office (ATO)
providing James Hardie and the AICF with private binding rulings to replace those previously issued
in connection with the AFFA and confirmation that the accepted tax conditions (as defined in the
AFFA) will remain unchanged in all material respects. It has been agreed with the NSW Government
that James Hardie and the AICF will apply to the ATO for the relevant rulings.
On 2 December 2009, the NSW Parliament passed the James Hardie Former Subsidiaries (Winding up and
Administration) Amendment Act 2009 to authorise and approve the standby loan facility, associated
guarantees and security arrangements.
James Hardie notes that the provision of the proposed standby loan facility to the AICF does not
reduce the companys obligations under the AFFA. The obligation
to pay claimants remains with AICF, and it is anticipated that its
primary source of funding will continue to be contributions from James Hardie. In addition James
Hardie anticipates that, based on its fiscal year 2011 results to date, it expects to make a
contribution to the AICF, in accordance with the AFFA, in 2011.
James Hardie made a contribution of approximately A$72.8 million (US$63.7 million) to the AICF on 1
July 2010. This amount represented 35% of the companys
free cash flow for fiscal year 2010, as defined by the AFFA. Since the
AICF was established in February 2007, the company has contributed A$375 million to the fund. The
company is also contributing A$500,000 a year for 10 years towards medical research into the
prevention, treatment and cure of asbestos diseases, and A$75,000 a year for 10 years for an
education program to inform home renovators of the risks associated with asbestos.
Attached are copies of the announcements made by the NSW Government and the Australian Government.
James Hardie Industries SE, ARBN 097 829 895
Incorporated in Ireland, with registered office at Second Floor, Europa House, Harcourt Centre, Harcourt Street,
Dublin 2, Ireland and registered number 485719. The liability of its members is limited.
ENDS
Media/Analyst Enquiries:
Sean OSullivan Vice President, Investor and Media Relations
Telephone: +61 2 8274 5246 Email:
[email protected]
Disclaimer
This statement, and other statements that James Hardie Industries SE (James Hardie) may make,
may contain forward-looking statements. James Hardie may from time to time make forward-looking
statements in its periodic reports filed with or furnished to the United States Securities and
Exchange Commission on Forms 20-F and 6-K, in the annual reports to shareholders, in offering
circulars, invitation memoranda and prospectuses, in media releases and other written materials and
in oral statements made by the companys officers, directors or
employees to analysts, institutional investors, existing and
potential lenders, representatives
of the media and others. Statements that are not historical facts are forward-looking statements
and such forward-looking statements are statements made pursuant to the Safe Harbour Provisions of
the Private Securities Litigation Reform Act of 1995. Examples of forward-looking statements
include:
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statements about the companys future performance; |
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projections of the companys results of operations or financial condition; |
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statements regarding the companys plans, objectives or goals, including those
relating to its strategies, initiatives, competition, acquisitions, dispositions
and/or its products; |
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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; |
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expectations that the companys credit facilities will be extended or renewed; |
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expectations concerning dividend payments; |
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statements concerning the companys corporate and tax domiciles and potential
changes to them, including potential tax charges; |
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statements regarding tax liabilities and related audits, reviews and proceedings; |
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statements as to the possible consequences of proceedings brought against the
company and certain of its former directors and officers by the ASIC; |
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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; |
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expectations concerning indemnification obligations; and |
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statements about product or environmental liabilities. |
Words such as believe, anticipate, plan, expect, intend, target, estimate, project,
predict, forecast, guideline, aim, will, should, continue and similar expressions are
intended to identify forward-looking statements but are not the exclusive means of identifying such
statements. Readers are cautioned not to place undue reliance on these forward-looking statements
and all such forward-looking statements are qualified in their entirety by reference to the
following cautionary statements.
Forward-looking
statements are based on the companys estimates and assumptions
and because forward-looking statements address
future results, events and conditions, they, by their very nature, involve inherent risks and
uncertainties. Such known and unknown risks, uncertainties and other factors may cause the
companys actual results, performance or other achievements to
differ materially from the anticipated results, performance or achievements expressed,
projected or implied by these forward-looking statements.
These
factors, some of which are discussed under Risk Factors
in James Hardies registration statement (described below under
the heading Additional information and where to find it)
include, but are not limited to:
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all matters relating to or arising out of the prior manufacture of products that contained asbestos by
current and former James Hardie subsidiaries; |
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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; |
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compliance with and changes in tax laws and treatments; |
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competition and product pricing in the markets in which the company operates; |
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the consequences of product failures or defects; |
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exposure to environmental, asbestos or other legal proceedings; general economic and market conditions; |
Page 2 of 3
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the supply and cost of raw materials; the success of research and development efforts; |
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reliance on a small number of customers; |
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a customers inability to pay; |
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compliance with and changes in environmental and health and safety laws; |
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risks of conducting business internationally; |
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the companys transfer of its corporate domicile from The Netherlands to Ireland to become an Irish SE company; |
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compliance with and changes in laws and regulations; |
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currency exchange risks; |
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the concentration of the companys customer base on large format retail customers, distributors and dealers; |
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the effect of natural disasters; |
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changes in the companys key management personnel; |
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inherent limitations on internal controls; |
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use of accounting estimates; and |
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all other risks identified in the companys reports filed with Australian, Dutch, Irish and US securities
agencies and exchanges (as appropriate). |
The company cautions that the foregoing list of factors is not exhaustive and that other risks and
uncertainties may cause actual results to differ materially from those in forward-looking
statements. Forward-looking statements speak only as of the date they are made and are statements
of the companys current expectations concerning future results, events and conditions.
Page 3 of 3
NSW WELCOMES LOAN AGREEMENT WITH COMMONWEALTH TO GIVE CERTAINTY
TO ASBESTOS VICTIMS
Tuesday 7 December, 2010
Premier Kristina Keneally today welcomed the Federal Governments decision to sign an agreement to
ensure security of payments to asbestos victims and their families.
The agreement between the Federal and State Governments will ensure victims will continue to
receive payments from the Asbestos Injuries Compensation Fund (AICF).
The AICF was set up in 2005 after a landmark agreement negotiated with James Hardie by the NSW
Government, Bernie Banton and the Australian Council of Trade Unions.
The agreement, announced today by Prime Minister Julia Gillard, will see the Commonwealth provide a loan of up to $160 million to the NSW Government.
These funds will be matched by the NSW Government creating a loan facility of up to $320 million to meet a funding shortfall to the AICF.
The shortfall was created by the Global Financial Crisis and its impact on James Hardie.
Without the loan, it was projected the AICF would be exhausted within twelve months.
This agreement between the NSW and Federal Governments will provide certainty for asbestos victims
and their families, Ms Keneally said.
This loan facility, jointly funded by the Commonwealth and NSW Governments, will ensure up to
three years of compensation payments at current claim rates.
Our action will ensure sufferers of asbestos related diseases continue to receive compensation on
time and in full.
Mr Hatzistergos said this is about helping James Hardie to meet its obligations to asbestos
victims.
We maintain that James Hardie has a moral and legal obligation to meet its commitments to asbestos
victims, Mr Hatzistergos said.
This loan facility recognises the impact of the Global Financial Crisis on James Hardies ability
to meet their obligations in the short term.
Todays decision will give peace of mind to asbestos victims and their families.
The Australian Government and NSW Government expect James Hardie will resume making substantial
and regular contributions to the fund as the US economy recovers.
Ms Keneally said the NSW Government has a proud history of working with asbestos victims to support
their access to justice and compensation.
The NSW Governments advocacy for asbestos victims in relation to James Hardie is well known, Ms
Keneally said.
Five years ago the Government with Bernie Banton and the ACTU negotiated the landmark agreement
with James Hardie to establish the Asbestos Injuries Compensation Fund.
In addition, the NSW Government recently represented the interests of asbestos victims in relation
to CSRs proposed demerger then sale of its sugar and renewable energy business.
This Government has a proud history when it comes to representing the rights of asbestos victims
and their families, and we will continue to fight to ensure they get a fair go.
For more information on asbestos, its health effects, and the legal requirements for asbestos
removal, go to www.workcover.nsw.gov.au
PRIME MINISTER
PARLIAMENTARY SECRETARY TO THE TREASURER
LOAN AGREEMENT TO GIVE CERTAINTY TO ASBESTOS VICTIMS
The Gillard Labor Government has today signed a loan agreement drawn up with the NSW Government to
ensure asbestos victims and their families continue to receive payments through the Asbestos
Injuries Compensation Fund (AICF).
The Prime Minister said the Gillard Labor Government would provide up to $160 million to the NSW
Government to give victims of asbestos-related diseases and their families the peace of mind and
financial security they deserve.
Under the agreement, the NSW Government will contribute an equal amount in funding to the AICF each
time they draw down from the Federal loan.
The AICF was established following a 2005 agreement between the NSW Government and James Hardie
Industries N.V to compensate people who have made legitimate asbestos-related claims against the
company in Australia.
Without the loan agreement, the AICF had advised that asbestos compensation claims would have been
rationed and paid in instalments, with some victims facing the prospect of not living long enough
to receive their full compensation.
Parliamentary Secretary to the Treasurer David Bradbury said the loan agreement did not excuse
James Hardie from its legal or moral obligation to contribute to the AICF.
The Federal Government expects the company to continue to fund the AICF as its financial position
improves.
The funds advanced to the NSW Government are to be repaid to the Commonwealth by 30 June 2020.
Interest will be payable on the loan at a rate equivalent to the
Commonwealths cost of borrowing.
The loan agreement follows through on the commitments made by the Commonwealth and NSW Governments
in the Heads of Agreement signed last year.
CANBERRA
7 DECEMBER 2010
PRESS OFFICE (02) 6277 7744