[31] Contingent liabilities and other financial obligations

Contingent liabilities

Contingent liabilities

 

 

(€ thousand)

2010

2009

 

 

 

Liabilities on bills of exchange

2,303

4,864

Liabilities on guarantees

1,098

3,449

Total contingent liabilities

3,401

8,313

Litigation

The legal risks arising from the KION Group's business are typical of those faced by any company operating in this sector. The Company is a party in a number of pending lawsuits in various countries.
It cannot assume with any degree of certainty that it will win any of the lawsuits or that the existing risk provision in the form of insurance or provisions will be sufficient in each individual case. However, the Company is not expecting any of these existing legal proceedings to have a material impact on its financial position or financial performance.

Other financial commitments

Other financial commitments

 

 

(€ thousand)

2010

2009

 

 

 

Liabilities under non-cancellable operating leases

208,874

208,876

Capital expenditure commitments

6,865

6,576

Other financial commitments

17,290

19,111

Total other financial commitments

233,029

234,563

The maturity structure of the total future minimum lease payments under non-cancellable operating leases is as follows:

Minimum lease payments

 

 

(€ thousand)

2010

2009

 

 

 

Nominal minimum lease payments

208,874

208,876

due within one year

63,621

62,603

due in one to five years

96,175

101,216

due in more than five years

49,078

45,057

The minimum lease payments relate to payments for leased buildings, machinery, office furniture and equipment (procurement leases) as well as payments for industrial trucks refinanced with a sale and leaseback and subleased to end customers (sale and leaseback subleases).

The future minimum lease payments for sale and leaseback transactions not recognised in the statement of financial position amount to €50,468 thousand, payments received under non-cancellable subleases amount to €16,795 thousand. The future payments also include obligations arising from the refinancing of industrial trucks for which there are no offsetting receipts under short-term subleases.

Minimum lease payments broken down into procurement leases & sale-and-leaseback subleases

 

Procurement leases

Sale-Leaseback Subleases

(€ thousand)

2010

2009

2010

2009

 

 

 

 

 

Nominal minimum lease payments (cash out)

158,406

146,434

50,468

62,442

due within one year

39,844

35,233

23,777

27,370

due in one to five years

69,484

66,167

26,691

35,049

due in more than five years

49,078

45,034

23

 

 

 

 

 

Nominal minimum lease payments (cash in)

16,795

24,746

due within one year

8,358

11,198

due in one to five years

8,437

13,525

due in more than five years

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