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LDK Solar Co., Ltd. - Asia Europe Clean Energy (Solar) Advisory Co ...

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<strong>LDK</strong> SOLAR CO., LTD. AND SUBSIDIARIES<br />

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS Ì (<strong>Co</strong>ntinued)<br />

FOR THE PERIOD FROM JULY 5, 2005 TO DECEMBER 31, 2005<br />

AND THE YEAR ENDED DECEMBER 31, 2006<br />

(Amounts in US$ thousands, except share and per share data)<br />

regulatory or other factors; the ability to obtain necessary financial and other resources at commercially viable<br />

terms; the ability to attract and retain employees necessary to support the Group's growth and general risks<br />

associated with the solar industry.<br />

The Group conducts its principal operations in the PRC and accordingly is subject to special<br />

considerations and significant risks not typically associated with investments in equity securities of United<br />

States and Western <strong>Europe</strong>an companies. These include risks associated with, among others, the political,<br />

economic, legal environment and social uncertainties in the PRC, government agencies' influence over certain<br />

aspects of the Group's operations and competition in the solar industry.<br />

In addition, the ability to negotiate and implement specific business development projects in a timely and<br />

favorable manner may be impacted by political considerations unrelated to or beyond the control of the Group.<br />

Although the PRC government has been pursuing economic reform policies for the past two decades, no<br />

assurance can be given that the PRC government will continue to pursue such policies or that such policies<br />

may not be significantly altered. There is also no guarantee that the PRC government's pursuit of economic<br />

reforms will be consistent or effective and as a result, changes in the rate or method of taxation and changes in<br />

State policies may have a negative impact on the Group's operating results and financial position.<br />

Currency risk<br />

Substantially all of the revenue generating operations of the Group are transacted in RMB, which is not<br />

fully convertible into foreign currencies.<br />

On July 21, 2005, the People's Bank of China announced that the PRC government reformed the<br />

exchange rate regime by adopting a managed floating exchange rate regime based on market supply and<br />

demand with reference to a basket of currencies. The exchange rate of United States dollars against RMB was<br />

adjusted to RMB8.11 per United States dollar with effect from July 21, 2005, and the RMB has gradually<br />

appreciated against the US dollar since then.<br />

(22) RELATED PARTY TRANSACTIONS<br />

The Group has entered into a number of transactions with related parties. Amounts outstanding and the<br />

amounts of transactions with these related parties for the period from July 5, 2005 to December 31, 2005 and<br />

the year ended December 31, 2006 are as follows:<br />

(a) Transactions<br />

(i) JX<strong>LDK</strong> signed an agreement on September 22, 2005 to borrow up to US$24,221 from Mr. Peng<br />

which carried an average interest rate of 5.829% in September 2005. During the period from October 27, 2005<br />

to December 31, 2005, JX<strong>LDK</strong> borrowed from Mr. Peng cumulative loan amount of US$16,109 and at the<br />

same time lent US$5,478 to Saiweng Technology (Suzhou) <strong>Co</strong>., <strong>Ltd</strong>. (""Saiweng''), a company controlled by<br />

Mr. Peng. JX<strong>LDK</strong> borrowed an additional US$8,112 and repaid US$5,354 to Mr. Peng in the first six months<br />

of 2006. In March 2006, JX<strong>LDK</strong> signed an agreement with Mr. Peng to offset US$5,478 lent to Saiweng<br />

against amounts borrowed from Mr. Peng. In December 2006, JX<strong>LDK</strong> repaid the remaining US$13,389 to<br />

Mr. Peng. Interest expenses incurred amounted to US$100 and US$781 for the period from July 5, 2005 to<br />

December 31, 2005 and the year ended December 31, 2006.<br />

(ii) JX<strong>LDK</strong> borrowed US$8,075 interest free loan from a company controlled by Mr. Peng, SZ Liouxin,<br />

in July 2006, which was repaid in December 2006.<br />

F-35

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