In addition to the subsidiaries included in the consolidated financial statements, the KION Group has direct or indirect business relationships with a number of unconsolidated subsidiaries, joint ventures and associates in the course of its ordinary business activities. Transactions with these companies are conducted on an arm's length basis. The related companies that are controlled by the KION Group or that are able to exercise a significant influence over the KION Group are included in the list of shareholdings in the annex to these notes and in the following table:
Related parties |
|
|
|
Superlift Holding S.à r.l., Luxembourg |
Parent company |
Kohlberg Kravis Roberts & Co. L.P., New York, USA |
Entity with significant influence |
Goldman, Sachs & Co., New York, USA |
Entity with significant influence |
Superlift Funding S.à r.l., Luxembourg |
Affiliated company |
Superlift Funding S.à r.l., Luxembourg
Under a supplementary loan agreement dated 23 September 2009, investment funds advised by Kohlberg Kravis Roberts & Co. L.P. ('KKR') and Goldman Sachs Capital Partners extended the SFA to include an additional loan of €100,000 thousand to be paid via Superlift Funding S.à r.l., Luxembourg. The purpose of the supplementary loan was to further strengthen the operational and strategic options for the KION Group. Both the loan amount and the associated interest are repayable as a bullet payment on maturity (payment in kind 'PIK').
Shareholder loan agreement
On 27 December 2006, KION Holding 1 GmbH (then Neggio Holding 1 GmbH) entered into a shareholder loan agreement with Superlift Holding S.à r.l., Luxembourg, for €500,000 thousand of principal. The original maturity date for the loan was 31 December 2010. The loan has now been renewed with a maturity date of 31 December 2016. Both the unsecured loan principal and the associated interest are repayable as a bullet payment on maturity (payment in kind 'PIK'). Since 1 September 2007, the loan has been subject to interest at a rate of 5.5 per cent per annum. As at 31 December 2010, the carrying amount of the loan including accrued interest was €615,250 thousand (31 December 2009: €587,368 thousand).
Advisory agreement
On 8 May 2007, KION Group GmbH, Kohlberg, Kravis Roberts & Co. L.P. ('KKR') and Goldman, Sachs & Co. entered into an advisory agreement under the terms of which KKR and Goldman Sachs are to perform advisory services for the KION Group. These advisory services relate, in particular, to financial and strategic issues. The annual advisory fee payable to KKR and Goldman, Sachs & Co. was €4,609 thousand in 2010 (2009: €4,456 thousand) and was recognised as an expense.
As at the reporting date, the receivables due from related parties were as follows:
Receivables from related parties | ||
(€ thousand) |
2010 |
2009 |
|
|
|
Non-consolidated subsidiaries |
7,059 |
4,873 |
Associates and joint ventures |
25,129 |
15,422 |
Other related parties |
7,545 |
5,058 |
Total receivables from related parties |
39,733 |
25,353 |
As at the reporting date, liabilities to related parties were as follows:
Liabilities to related parties | ||
(€ thousand) |
2010 |
2009 |
|
|
|
Non-consolidated subsidiaries |
3,771 |
1,024 |
Associates and joint ventures |
45,027 |
44,532 |
Other related parties |
730,686 |
693,276 |
Total liabilities to related parties |
779,484 |
738,832 |