iesy Repository GmbH - Irish Stock Exchange
iesy Repository GmbH - Irish Stock Exchange
iesy Repository GmbH - Irish Stock Exchange
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Aggregate financial obligations<br />
The table below summarizes the financial payments that <strong>iesy</strong> will be obligated to make under our debt instruments as<br />
of March 31, 2005. The information presented in the table below reflects management’s estimates of the contractual<br />
maturities of <strong>iesy</strong>’s obligations. These maturities may differ significantly from the actual maturity of these obligations. In<br />
particular, debt under the Senior Credit Facilities may be retired earlier due to mandatory prepayments, such as from excess<br />
cash flow. This table does not reflect additional long-term debt obligations incurred in connection with the ish Acquisition.<br />
96<br />
Payments due by period (1)<br />
(€’000s)<br />
Less than<br />
1 Year 1-3 years 4-5 years<br />
Office rental 1,795 3,032 2,709<br />
Other rental 930 907 0<br />
Network infrastructure 21,355 43,903 45,631<br />
MSG and copyright fees 6,081 5,466 1,226<br />
Other contractual obligations 475 0 0<br />
Subtotal 30,637 53,308 49,566<br />
Long-term debt obligations (2) 2,000 3,940 3,862<br />
Total 32,637 57,249 53,428<br />
(1) We have not included our obligations beyond five years, including with respect to network infrastructure, the Senior<br />
Credit Facilities and the Existing Notes.<br />
(2) Reflects <strong>iesy</strong>’s previous senior credit facilities which were repaid as part of the Refinancing and <strong>iesy</strong> entering into the<br />
Senior Credit Facilities.<br />
Leasing and rental obligations. <strong>iesy</strong> has entered into several long term SLAs with DTAG and its affiliates. These<br />
include usage and access agreements for underground cable ducts space, the use of fiber optic transmission systems, tower<br />
and facility space. In general, these agreements primarily impose fixed prices for a limited period of time, which may then be<br />
raised to reflect increased costs, subject to index-linked limitations. Some agreements impose prices based on the cost to<br />
DTAG of services that are passed through to us. <strong>iesy</strong> has the ability to terminate these agreements with notice periods of<br />
between 12 and 24 months. Furthermore, <strong>iesy</strong> has entered into the long term BRN-<strong>iesy</strong> agreement under which <strong>iesy</strong> leases<br />
additional fiber optic lines. See “Business—Business of <strong>iesy</strong>—Supply—SLAs with DTAG.” <strong>iesy</strong> has also entered into<br />
various other license, rental and operating lease agreements, all of which are expensed as services are provided. <strong>iesy</strong> treats<br />
these leases as operating rather than capital leases. See “Risk Factors—Risks Relating to Our Indebtedness and Our<br />
Structure—Our high leverage and debt service obligations could materially adversely affect our business, financial condition<br />
or results of operations” and “—Risks Relating to the Notes, the Subsidiary Guarantees and the Security—We have not<br />
included IFRS or U.S. GAAP financial information in this Prospectus, and there may be certain significant differences<br />
between our financial position and results of operations under German GAAP, IFRS or U.S. GAAP.”<br />
Copyright agreements. <strong>iesy</strong> is required under German law to pay royalties to the holders of copyrights and related<br />
rights for the re-transmission of radio and television programs that include, among other things, literary, scientific or artistic<br />
works protected by copyright law. <strong>iesy</strong> pays these fees pursuant to a collective agreement (Kabelglobalvertrag) between<br />
members of the cable television industry and GEMA, representing collecting societies, public broadcasters, and a few private<br />
broadcasters in television and radio. The agreement with GEMA covers analog and digital transmission and will remain in<br />
force until December 31, 2006.<br />
Furthermore, on March 22, 2005, as part of settling arbitration proceedings, <strong>iesy</strong> acceded and became a party to the VG<br />
Media agreement, which had been entered into by the other Level 3 operators, VG Media and DTAG regarding the retransmission<br />
of a number of the remaining German private radio and television programs through the telecommunications<br />
cable networks of the regional cable companies. This agreement came into force on January 1, 2003 and may be terminated<br />
by each party on December 31, 2005, at the earliest. As a result, <strong>iesy</strong>’s accruals increased and a payment was made to cover<br />
the periods from January 1, 2003. After the agreements with GEMA and VG Media expire, new agreements with new royalty<br />
arrangements may be concluded. See “Operational and Financial Review and Prospects—Factors Affecting Our Results of<br />
Operations – Other operating expenses—Copyright license fees,” “Risk Factors—Risks Relating to Our Business—<br />
Uncertainties as to copyright laws may adversely affect our ability to conduct our business,” and “Business—Business of<br />
<strong>iesy</strong>—Legal Proceedings.”