UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
Report of Foreign Private Issuer Pursuant to Rule 13a-16 or 15d-16
under the Securities Exchange Act of 1934
For the Month of August, 2009
1-15240
(Commission File Number)
JAMES HARDIE INDUSTRIES N.V.
(Translation of registrant’s name into English)
Atrium, 8th floor
Strawinskylaan 3077
1077 ZX Amsterdam, The Netherlands
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual reports under cover Form
20-F or Form 40-F.
Form 20-F þ Form 40-F o
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by
Regulation S-T Rule 101(b)(1): Not Applicable
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by
Regulation S-T Rule 101(b)(7):
Not Applicable
Indicate by check mark whether the registrant by furnishing the information contained in this Form
is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the
Securities Exchange Act of 1934.
Yes o No þ
If “Yes” is marked, indicate below the file number assigned to the registrant in connection with
Rule 12g3-2(b):
Not Applicable
Safe Harbor Statement
The exhibits attached to this Form 6-K contain forward-looking statements. We may from time to time
make forward-looking statements in our periodic reports filed with or furnished to the U.S.
Securities and Exchange Commission, on Forms 20-F and 6-K, in our annual reports to shareholders,
in offering circulars, invitation memoranda and prospectuses, in media releases and other written
materials and in oral statements made by our 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 Harbor Provisions of the Private Securities
Litigation Reform Act of 1995.
Examples of forward-looking statements include:
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statements about our future performance; |
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statements regarding our plans, objectives or goals, including those relating to
strategies, initiatives, competition, acquisitions, dispositions and/or our products; |
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expectations concerning the costs associated with the suspension or closure of
operations at any of our plants and future plans with respect to any such plants; |
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expectations that our credit facilities will be extended or renewed; |
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expectations concerning dividend payments; |
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statements concerning our corporate and tax domiciles and potential changes to them; |
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statements regarding tax liabilities and related audits and proceedings; |
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statements as to the possible consequences of proceedings brought against us and
certain of our former directors and officers by the Australian Securities & Investments
Commission; |
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expectations about the timing and amount of contributions to the Asbestos Injuries
Compensation Fund, 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 our 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 our 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
“Key Information — Risk Factors” beginning on page 6 of our Form 20-F filed with the U.S.
Securities and Exchange Commission on 25 June 2009, include, but are not limited to: 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
Asbestos Injuries Compensation Fund and the effect of currency exchange rate movements on the
amount recorded in our financial statements as an asbestos liability; compliance with and
changes in tax laws and treatments; competition and product pricing in the markets in which we
operate; 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 customer’s inability to pay; compliance with and changes in environmental and
health and safety laws; risks of conducting business internationally; our proposal to
transform to a Dutch “SE” company and transfer our 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 our customer base on large format retail
customers, distributors and dealers; the effect of natural disasters; changes in our key
management personnel; inherent limitations on internal controls; use of accounting estimates;
and all other risks identified in our reports filed with Australian, Dutch and U.S. securities
agencies and exchanges (as appropriate). We caution you 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 our current expectations concerning future
results, events and conditions.
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