LDK Solar Co., Ltd. - Asia Europe Clean Energy (Solar) Advisory Co ...
LDK Solar Co., Ltd. - Asia Europe Clean Energy (Solar) Advisory Co ...
LDK Solar Co., Ltd. - Asia Europe Clean Energy (Solar) Advisory Co ...
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Interest rate risk<br />
Our exposure to interest rate risk relates to interest expenses incurred by our short-term and long-term<br />
borrowings. We have not used any derivative financial instruments to manage our interest rate risk exposure.<br />
Historically, we have not been exposed to material risks due to changes in interest rates on any third-party<br />
debt; however, future interest expenses on our borrowings may increase due to changes in market interest<br />
rates. We are currently not engaged in any interest rate hedging activities.<br />
Inflation<br />
Since our inception, inflation in China has not materially impacted our results of operations. According to<br />
the National Bureau of Statistics of China, inflation as measured by the consumer price index in China was<br />
3.9%, 1.8% and 1.5% in 2004, 2005 and 2006, respectively.<br />
Off-balance Sheet <strong>Co</strong>mmitments and Arrangements<br />
We have not entered into any financial guarantees or other commitments to guarantee the payment<br />
obligations of third parties. We have not entered into any derivative contracts that are indexed to our shares<br />
and classified as shareholder's equity or that are not reflected in our consolidated financial statements.<br />
Furthermore, we do not have any retained or contingent interest in assets transferred to an unconsolidated<br />
entity that serves as credit, liquidity or market risk support to such entity. We do not have any variable interest<br />
in any unconsolidated entity that provides financing, liquidity, market risk or credit support to us or that<br />
engages in leasing, hedging or research and development services with us. There are no off-balance sheet<br />
arrangements that have or are reasonably likely to have a current or future effect on our financial condition,<br />
net sales or expenses, results of operations, liquidity, capital expenditures or capital resources that is material<br />
to you and other investors.<br />
Restricted Net Assets<br />
Our principal operating subsidiary, Jiangxi <strong>LDK</strong> <strong>Solar</strong>, is required under PRC laws and regulations to<br />
make appropriations from net income as determined under PRC accounting standards and regulations to<br />
nondistributable reserves, which include a general reserve and an employee benefits and bonus reserve. The<br />
general reserve is required to be made at not less than 10% of the profit after tax as determined under PRC<br />
accounting standards and regulations. The employee benefits and bonus reserve is determined by our board of<br />
directors at its discretion. The general reserve is used to offset future extraordinary losses. Jiangxi <strong>LDK</strong> <strong>Solar</strong><br />
may, upon a resolution of its board of directors, convert the general reserve into capital. The employee benefits<br />
and bonus reserve is used for the collective welfare of the employees of Jiangxi <strong>LDK</strong> <strong>Solar</strong>. These reserves<br />
represent appropriations of the retained earnings determined under the PRC law. In addition to the general<br />
reserve, Jiangxi <strong>LDK</strong> <strong>Solar</strong> is required to obtain approval from the local government authorities prior to<br />
distributing any of its registered share capital. Accordingly, both the appropriations to the general reserve and<br />
the registered capital of Jiangxi <strong>LDK</strong> <strong>Solar</strong> are considered as restricted net assets.<br />
Recent Accounting Pronouncements<br />
In September 2006, the FASB issued SFAS No. 157, ""Fair Value Measurements.'' SFAS No. 157<br />
defines fair value, establishes a framework for measuring fair value under U.S. GAAP and expands disclosures<br />
about fair value measurements. SFAS No. 157 is effective for financial statements issued for fiscal years<br />
beginning after November 15, 2007 with earlier application encouraged. We are currently evaluating the<br />
impact, if any, of this statement on our consolidated financial statements.<br />
In June 2006, the FASB released Interpretation No. 48, ""Accounting for Uncertainty in Income<br />
Taxes Ì an Interpretation of FASB Statement No. 109,'' or FIN 48, which clarifies the accounting for<br />
uncertainty in tax positions. This interpretation requires that we recognize in our consolidated financial<br />
statements the impact of a tax position, if that position is more likely than not of being sustained upon<br />
examination, based on the technical merits of the position. FIN 48 is effective for fiscal years beginning after<br />
December 15, 2006. We do not expect the adoption of this interpretation to have a material effect on our<br />
consolidated financial statements.<br />
In September 2006, the Securities and Exchange <strong>Co</strong>mmission issued Staff Accounting Bulletin No. 108,<br />
<strong>Co</strong>nsidering the Effects of Prior Year Misstatements when Quantifying Misstatements in Current Year<br />
Financial Statements, or SAB 108, to address diversity in practice in quantifying financial statement<br />
misstatements. SAB 108 requires that misstatements be quantified based on their impact on the financial<br />
statements and related disclosures. SAB 108 is effective as of the end of fiscal year 2006, allowing a one-time<br />
transitional cumulative effect adjustment to retained earnings as of January 1, 2006 for errors that were not<br />
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