Sec Form 20-F - Registration Statement/annual Report/transition Report/shell Company Report Page 17
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69in stockholders’ equity, or not reflected, in the company’s statement of financial position; or
(d)
Any obligation, including a contingent obligation, arising out of a variable interest (as referenced in FASB
Interpretation No. 46, Consolidation of Variable Interest Entities (January 2003), as may be modified or
supplemented) in an unconsolidated entity that is held by, and material to, the company, where such entity
provides financing, liquidity, market risk or credit risk support to, or engages in leasing, hedging or research
and development services with, the company.
F.
Tabular disclosure of contractual obligations.
1.
In a tabular format, provide the information specified in this Item 5.F.1 as of the latest fiscal year end balance sheet
date with respect to the company’s known contractual obligations specified in the table that follows this Item 5.F.1.
The company shall provide amounts, aggregated by type of contractual obligation. The company may disaggregate
the specified categories of contractual obligations using other categories suitable to its business, but the presentation
must include all of the obligations of the company that fall within the specified categories. A presentation covering
at least the periods specified shall be included. The tabular presentation may be accompanied by footnotes to describe
provisions that create, increase or accelerate obligations, or other pertinent data to the extent necessary for an
understanding of the timing and amount of the company’s specified contractual obligations.
Payments due by period
-------------------------------------------------------------
less
more
than 1 1-3
3-5
than 5
Contractual Obligations
Total
year
years
years
years
[Long-Term Debt Obligations]
[Capital (Finance) Lease Obligations]
[Operating Lease Obligations]
[Purchase Obligations]
[Other Long-Term Liabilities Reflected on the
Company's Balance Sheet under the GAAP of
the primary financial statements]
--------
--------
--------
-------
-----------
Total
2.
As used in this Item 5.F.1, the term purchase obligation means an agreement to purchase goods or services that is
enforceable and legally binding on the company that specifies all significant terms, including: fixed or minimum
quantities to be purchased; fixed, minimum or variable price provisions; and the approximate timing of the transaction.
G.
Safe harbor.
1.
The safe harbor provided in Section 27A of the Securities Act and Section 21E of the Exchange Act (“statutory safe
harbors”) shall apply to forward-looking information provided pursuant to Item 5.E and F, provided that the disclosure
is made by: an issuer; a person acting on behalf of the issuer; an outside reviewer retained by the issuer making a
statement on behalf of the issuer; or an underwriter, with respect to information provided by the issuer or information
derived from information provided by the issuer.
2.
For purposes of Item 5.G.1 of this Item only, all information required by Item 5.E.1 and 5.E.2 of this Item is deemed to
be a “forward looking statement” as that term is defined in the statutory safe harbors, except for historical facts.
3.
With respect to Item 5.E, the meaningful cautionary statements element of the statutory safe harbors will be satisfied
if a company satisfies all requirements of that same Item 5.E.
Instructions to Item 5:
1.
Refer to the Commission’s interpretive release (No. 33-6835) dated May 18, 1989 for guidance in preparing this
discussion and analysis by management of the company’s financial condition and results of operations.
2.
The discussion should focus on the primary financial statements presented in the document. You should refer to the
reconciliation to U.S. GAAP, if any, and discuss any aspects of the differences between foreign and U.S. GAAP, not
otherwise discussed in the reconciliation, that you believe are necessary for an understanding of the financial
17
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