Financial Statements and Management Report - Thyssenkrupp
Financial Statements and Management Report - Thyssenkrupp
Financial Statements and Management Report - Thyssenkrupp
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2.3 <strong>Financial</strong> statements Notes<br />
ThyssenKrupp AG is liable for pension obligations from the transfer of<br />
businesses <strong>and</strong> internal transfer of pension obligations. ThyssenKrupp<br />
AG transferred pension obligations to ThyssenKrupp Dienstleistungen<br />
GmbH. ThyssenKrupp Dienstleistungen GmbH received an appropriate<br />
compensation for this which will be adjusted in the event of major<br />
changes to the main assumptions underlying the calculation. No such<br />
adjustment was necessary in the reporting year. At September 30,<br />
2010 these obligations were reported under “Other contingencies”, in<br />
the past fiscal year they were recognized for the first time under<br />
“Pension obligations” (see Provisions).<br />
11 Other financial obligations <strong>and</strong> other risks<br />
Obligations from rental <strong>and</strong> lease agreements are due in the coming<br />
fiscal years as follows:<br />
million €<br />
2011/2012 15<br />
2012/2013 12<br />
2013/2014 9<br />
A commitment in the amount of €7 million relates to the remaining<br />
construction of the ThyssenKrupp Quarter in Essen.<br />
An unpaid liability in the amount of €3 million (prior year €3 million)<br />
exists vis-à-vis Technische Gase Hoesch Messer Griesheim GmbH &<br />
Co. KG.<br />
In accordance with Art. 305 UmwG (Reorganization Act), former<br />
shareholders of Thyssen <strong>and</strong> Krupp have applied for a judicial review of<br />
the share exchange ratios used in the merger of Thyssen AG <strong>and</strong> Fried.<br />
Krupp AG Hoesch-Krupp to form ThyssenKrupp AG. The proceedings<br />
are pending before Düsseldorf Regional Court. Should the court in the<br />
special award proceedings find the exchange ratio inappropriate,<br />
settlement will involve an additional cash payment plus interest. The<br />
additional payment is payable to all affected shareholders, even if they<br />
were not claimants in the special award proceedings. However, the<br />
Group expects the special award proceedings to result in no additional<br />
cash payments because the exchange ratios were diligently<br />
determined, agreed between unrelated parties, audited <strong>and</strong> confirmed<br />
by the court-appointed merger auditor, <strong>and</strong> differ only insignificantly<br />
from the merger value ratio determined by the expert appointed by<br />
Düsseldorf Regional Court.<br />
Following the incorporation of Thyssen Industrie AG into ThyssenKrupp<br />
AG, special award proceedings are pending concerning the judicial<br />
review of the appropriateness of compensation paid to the minority<br />
shareholders of Thyssen Industrie AG. The expert appointed by<br />
Dortmund Regional Court established a marginally different exchange<br />
ratio. The Company continues to assume that there will be no<br />
subsequent payment to former shareholders of Thyssen Industrie AG.<br />
However, should the court in its final ruling find that the compensation<br />
offered was inappropriate, increased compensation in the form of an<br />
additional cash payment will be granted to all outside shareholders.<br />
In addition the Company is involved for various reasons in court,<br />
arbitration <strong>and</strong> out-of-court disputes. However, at the present time the<br />
Company does not expect the various legal disputes to have any major<br />
negative effects on its financial <strong>and</strong> earnings situation.<br />
12 Derivative financial instruments<br />
million €<br />
Notional<br />
value<br />
Sept. 30,<br />
2010 Fair value<br />
40<br />
Notional<br />
value<br />
Sept. 30,<br />
2011 Fair value<br />
Foreign currency<br />
forward contracts 1,183 2 5,189 (2)<br />
Currency options 24 (1) 13 0<br />
Foreign currency<br />
derivatives 1,207 1 5,202 (2)<br />
Interest swaps 750 3 0 0<br />
Interest/<br />
currency swaps 750 (34) 750 (35)<br />
Interest rate<br />
derivatives 1,500 (31) 750 (35)<br />
Commodity<br />
forward transactions 25 5 20 7<br />
Commodity<br />
derivatives 25 5 20 7<br />
Total 2,732 (25) 5,972 (30)<br />
The year-on-year increase in foreign currency derivatives is in<br />
connection among other things with the financing of the major projects<br />
in Alabama.<br />
Derivative financial instruments <strong>and</strong> the corresponding hedged<br />
transactions can be treated as a single valuation unit if evidence of a<br />
clear hedge relationship can be provided. In these cases the hedged<br />
transactions are recognized at the contractually agreed hedge rates<br />
<strong>and</strong> the derivative financial instruments are not reported separately.