James Hardie Industries plc Announces Pricing of Offering of Senior Notes
28 September 2018 - 10:51AM
Business Wire
James Hardie Industries plc (ASX: JHX) (“James Hardie”)
announced today the pricing of an offering of €400 million
aggregate principal amount of senior notes due 2026 (the “2026
notes”) of its wholly-owned subsidiary, James Hardie International
Finance Designated Activity Company. The 2026 notes will bear
interest at a rate of 3.625% per annum. The net proceeds from the
offering will be used to repay certain of the outstanding
borrowings under James Hardie’s 364-day term loan facility, which
was used to fund the previously completed Fermacell acquisition,
and to pay related transaction fees and expenses.
The notes have not been registered under the Securities Act of
1933, as amended (the “Securities Act”), or the securities laws of
any other jurisdiction. As a result, they may not be offered or
sold in the United States or to any U.S. persons, except pursuant
to an applicable exemption from, or in a transaction not subject
to, the registration requirements of the Securities Act.
Accordingly, the notes are being offered only to “qualified
institutional buyers” in reliance on the exemption from
registration provided by Rule 144A under the Securities Act or,
outside the United States, to persons other than “U.S. persons” in
reliance on Regulation S under the Securities Act. You are hereby
notified that sellers of the notes may be relying on the exemption
from the provisions of Section 5 of the Securities Act provided by
Rule 144A.
This press release is neither an offer to sell nor a
solicitation of an offer to buy, nor shall there be any sale of,
the notes in any jurisdiction in which such offer, solicitation or
sale would be unlawful.
Forward Looking Statements
This Media Release contains forward-looking statements. James
Hardie Industries plc (the “Company”) may from time to time make
forward-looking statements in its periodic reports filed with or
furnished to the Securities and Exchange Commission, on Forms 20-F
and 6-K, in its 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
Company’s 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:
- statements about the Company’s future
performance;
- projections of the Company’s results of
operations or financial condition;
- statements regarding the Company’s
plans, objectives or goals, including those relating to 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 Company’s plants and future plans with respect to any such
plants;
- expectations concerning the costs
associated with the significant capital expenditure projects at any
of the Company’s plants and future plans with respect to any such
projects;
- expectations regarding the extension or
renewal of the Company’s credit facilities including changes to
terms, covenants or ratios;
- expectations concerning dividend
payments and share buy-backs;
- statements concerning the Company’s
corporate and tax domiciles and structures and potential changes to
them, including potential tax charges;
- statements regarding tax liabilities
and related audits, reviews and proceedings;
- statements regarding the possible
consequences and/or potential outcome of legal proceedings brought
against us and the potential liabilities, if any, associated with
such proceedings;
- expectations about the timing and
amount of contributions to AICF, a special purpose fund for the
compensation of proven Australian asbestos-related personal injury
and death claims;
- expectations concerning the adequacy of
the Company’s warranty provisions and estimates for future
warranty-related costs;
- statements regarding the Company’s
ability to manage legal and regulatory matters (including but not
limited to product liability, environmental, intellectual property
and competition law matters) and to resolve any such pending legal
and regulatory matters within current estimates and in anticipation
of certain third-party recoveries; and
- statements about economic conditions,
such as changes in the US economic or housing market conditions or
changes in the market conditions in the Asia Pacific region, the
levels of new home construction and home renovations, unemployment
levels, changes in consumer income, changes or stability in housing
values, the availability of mortgages and other financing, mortgage
and other interest rates, housing affordability and supply, the
levels of foreclosures and home resales, currency exchange rates,
and builder and consumer confidence.
Words such as “believe,” “anticipate,” “plan,” “expect,”
“intend,” “target,” “estimate,” “project,” “predict,” “forecast,”
“guideline,” “aim,” “will,” “should,” “likely,” “continue,” “may,”
“objective,” “outlook” 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 Company’s current
expectations, estimates and assumptions and because forward-looking
statements address future results, events and conditions, they, by
their very nature, involve inherent risks and uncertainties, many
of which are unforeseeable and beyond the Company’s control. Such
known and unknown risks, uncertainties and other factors may cause
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 Section 3 of the Form 20-F
filed with the Securities and Exchange Commission on 22 May
2018, include, but are not limited to: dependence on residential
and commercial construction markets; competition and product
pricing in the markets in which the Company operates; unforeseen
delays and/or cost overruns in planned capital expenditures in
future periods; regulatory action and continued regulatory
scrutiny; risks of conducting business internationally; currency
exchange risks; the consequences of product failures or defects,
including risks associated with warranty claims; exposure to
environmental, asbestos, putative consumer class action or other
legal proceedings; general economic and market conditions;
compliance with and changes in environmental and health and safety
laws; the supply and cost of raw materials; dependence on customer
preference and the concentration of the Company’s customer base on
large format retail customers, distributors and dealers; reliance
on a small number of customers; risks associated with the fact that
the company’s ability to sell its products in certain markets is
influenced by building codes and ordinances; a customer’s inability
to pay; reliance on third-party distribution channels; compliance
with and changes in laws and regulations; possible increases in
competition and the potential that competitors could copy the
Company’s products; unauthorized disclosure of sensitive or
confidential information or other cyber security incidents; the
effect of adverse changes in climate or weather patterns; inherent
limitations on internal controls; acquisition or sale of businesses
and business segments; the integration of Fermacell into the
Company’s business; lack of disclosure in connection with
historical financial information for Fermacell and related pro
forma financial statements; estimates of Fermacell’s adjusted
EBITDA for the twelve months ended 31 March 2018; changes in the
Company’s key management personnel; use of accounting estimates;
and all other risks identified in the Company’s reports filed with
Australian, Irish and US securities regulatory agencies and
exchanges (as appropriate). The Company cautions 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 referenced in the Company’s forward-looking statements.
Forward-looking statements speak only as of the date they are made
and are statements of the Company’s current expectations concerning
future results, events and conditions. The Company assumes no
obligation to update any forward-looking statements or information
except as required by law.
MiFID II professionals/ECPs-only/ No PRIIPs KID – Manufacturer
target market (MiFID II product governance) is eligible
counterparties and professional clients only (all distribution
channels). No PRIIPs key information document (KID) has been
prepared as not available to retail in the European Economic
Area.
Promotion of the notes in the United Kingdom is restricted by
the Financial Services and Markets Act 2000 (the “FSMA”), and
accordingly, the notes are not being promoted to the general public
in the United Kingdom. In the United Kingdom, this announcement is
for distribution only to, and is only directed at, persons who (i)
have professional experience in matters relating to investments
falling within Article 19(5) of the Financial Services and Markets
Act 2000 (Financial Promotion) Order 2005, as amended (the
“Financial Promotion Order”), (ii) are persons falling within
Article 49(2)(a) to (d) (high net worth companies, unincorporated
associations, etc.) of the Financial Promotion Order, or (iii) are
persons to whom an invitation or inducement to engage in investment
activity within the meaning of section 21 of the FSMA in connection
with the issue or sale of any securities may otherwise lawfully be
communicated or caused to be communicated (all such persons
together being referred to as “relevant persons”). This
announcement is directed only at relevant persons in the United
Kingdom and must not be acted on or relied on in the United Kingdom
by anyone who is not a relevant person.
Neither the content of the Company’s website nor any website
accessible by hyperlinks on the Company’s website is incorporated
in, or forms part of, this announcement. The distribution of this
announcement into certain jurisdictions may be restricted by law.
Persons into whose possession this announcement comes should inform
themselves about and observe any such restrictions. Any failure to
comply with these restrictions may constitute a violation of the
securities laws of any such jurisdiction.
This announcement contains inside information by the Issuer
under Regulation (EU) 596/2014 (16 April 2014).
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version on businesswire.com: https://www.businesswire.com/news/home/20180927006004/en/
James Hardie Industries plcJason Miele, +61 2 8845 3352Vice
President, Investor and Media Relationsmedia@jameshardie.com.au
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