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iesy Repository GmbH - Irish Stock Exchange

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COURTESY TRANSLATION FROM THE GERMAN LANGUAGE<br />

FOR INTERPRETATION, THE GERMAN TEXT SHALL PREVAIL<br />

KABELNETZ NRW HoldCo <strong>GmbH</strong>, Cologne<br />

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS<br />

FOR FINANCIAL YEAR 2004—(CONTINUED)<br />

The personnel accruals in the amount of EUR 19,176k mainly comprise accruals for staff retention.<br />

The accruals for services of EUR 11,546k is related to goods and services already delivered but not yet invoiced.<br />

The accruals for cable operating costs mainly comprise leasing expenses for cable, glass fibre cable, cable ducts and<br />

GEMA-fees.<br />

In order to hedge a portion of the interest rate risk arising from the drawdowns with variable interest made within the<br />

scope of the Senior Credit Agreement, Swap contracts were concluded with three banks in the financial year 2001. The total<br />

notional amount of the Swap contracts is EUR 255,000k. The pending loss arising from the valuation of these hedge<br />

contracts by banks as per the balance sheet date was accrued in the amount of the negative fair value of EUR 9,023k that was<br />

calculated by the banks in accordance with generally accepted valuation methods.<br />

The accruals for contractual risks relate to risks from contractual disputes with third parties.<br />

Liabilities<br />

The following schedule of liabilities shows liabilities by their respective due dates:<br />

368<br />

Total<br />

within<br />

one)<br />

year<br />

Thereof due<br />

between<br />

one and five<br />

years<br />

in more<br />

than five<br />

years<br />

EUR k EUR k EUR k EUR k<br />

Liabilities to banks 583,273 0 583,273 0<br />

Trade payables 8,993 8,993 0 0<br />

Capital lease liability 383,070 8,191 39,635 335,244<br />

Other liabilities 117,831 42,831 75,000 0<br />

1,093,167 60,015 697,908 335,244<br />

Included in liabilities due to banks is a loan of EUR 583,273k which derives from the Senior Credit Facility, which was<br />

renegotiated during the restructuring of ish KG in 2002, with a lender consortium of which Citibank International Plc. is<br />

agent.<br />

The total amount consists of two tranches, EUR 518,273k of non-elevated secured debt and EUR 65,000k (original<br />

amount: EUR 115,000k) of elevated secured debt. On December 15, 2004 a voluntary repayment in the amount of EUR 50<br />

million was made on the elevated secured debt. Both tranches have interest of 3% over LIBOR and are due upon the earlier<br />

October 1, 2006 (“Exit Event”) or of the sale of ish or refinancing.<br />

Liabilities due to banks from the Senior Credit Facility are secured by the entire fixed and current assets of ish KG.<br />

The Senior Credit Facility contains certain restrictions regarding operational and financial issues. These include<br />

limitations on the sale of assets, on the occurrence of additional debt, on dividends to shareholders, on certain investments<br />

and acquisition. Additionally, the agreements require the satisfaction of certain financial covenants.

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