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32 |<br />

DEUTSCHE BAHN <strong>AG</strong><br />

Project risks<br />

The modernization of the overall rail system involves high<br />

amounts of capital expenditures as well as a large number of<br />

highly complex projects. Changes in the legal framework,<br />

delays in implementation or necessary adjustments during the<br />

frequently multiyear project terms can result in project risks<br />

that have a cross-business unit impact due to the networked<br />

production structures. Furthermore, increased prices for<br />

ordered services or construction measures can lead to negative<br />

effects. We take such risks into account by intensively monitoring<br />

our projects. This particularly applies to our central<br />

major projects.<br />

Infrastructure financing risks<br />

A key element of the German rail reform Act is the Federal<br />

Government’s constitutional obligation to finance the infrastructure.<br />

The crucial elements are not only a sufficient amount<br />

of resources, but also the predictability of available funds. We<br />

signed the Service and Financing Agreement with the Federal<br />

Government, which covers financing of the existing network<br />

until 2013. However, in order to ensure the long-term competitiveness<br />

of the rail mode of transport, sufficient availability of<br />

funds is required to ensure systematic new construction,<br />

expansion and elimination of bottlenecks (requirement plan<br />

capital expenditures). Our mid-term corporate plans assume<br />

Federal funding will be forthcoming for the successful realization<br />

of these capital expenditures, although a corresponding agreement<br />

could not yet be concluded. moreover, there is also the<br />

risk that the Federal Government may demand refunds due to<br />

an audit of how Federal funds were employed.<br />

Risks related to reduced concession fees<br />

The amount of financial resources available to the contracting<br />

organizations to order routes from transport companies is the<br />

key factor driving development in the regional transport market<br />

in Europe. For this reason payments generally received from<br />

state or state-financed contracting organizations (concession<br />

fees) represent a major portion of revenues in regional passenger<br />

transport. Against the background of the public sector’s need<br />

to make budget cuts there is a risk that the level of concession<br />

fees available for future tenders or existing services may be<br />

reduced. We counter this risk by making corresponding adjustments<br />

to our service offer and by increasing our farebox revenues.<br />

| [1] A Page 54 ff.<br />

| [2] A Page 18<br />

Financial risks<br />

We counter risks associated with interest rates, foreign exchange<br />

and energy prices arising from our business operations with,<br />

among other things, original and derivative financial instruments.<br />

These A instruments [1] are explained in the Notes.<br />

Exchange rate risks have risen as we expanded our international<br />

business activities because of cash flows generated in<br />

different currencies. This applies, in particular, to the US dollar,<br />

the British pound and the Swedish krona.<br />

A portion of our obligations stemming from pension benefits<br />

and other pension-benefit-related commitments is covered<br />

by plan assets consisting of stocks, property, fixed-income<br />

securities and other assets. Declines in the value of these assets<br />

directly reduce the extent of pension benefit obligations covered<br />

by plan assets and can, under certain circumstances, lead to the<br />

company making additional allocations.<br />

Based on our good A ratings [2] we have very good<br />

access to the capital markets. In order to ensure DB Group’s<br />

solvency and financial flexibility at all times we have cash and<br />

cash equivalents at our disposal as well as credit facilities, a<br />

€ 2 billion commercial paper program and a € 15 million debt<br />

issuance program. Within the framework of our cross-Group<br />

cash-pooling arrangement we ensure that funds can be made<br />

available within the Group as needed.<br />

Legal and contractual risks<br />

Legal risks may arise, for instance, in the form of claims for<br />

damages and from legal disputes. These frequently stem from<br />

construction projects, real estate transactions, or environmentrelated<br />

issues. moreover, there is also the risk that some of the<br />

long-term transport contracts may become uneconomical due<br />

to unforeseen increases in costs. In cases like this we try to<br />

counter the negative effects with commensurate measures to<br />

reduce costs and raise income.<br />

Provisions are made for legal and contractual risks after<br />

estimating the respective probability of occurrence. The actual<br />

utilization of these provisions depends on whether the risks<br />

materialize to the extent as set forth in our current estimates.

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