[34] Contingent liabilities and other financial obligations

Contingent liabilities

Contingent liabilities

€ thousand

2012

2011

 

 

 

Liabilities on bills of exchange

4,445

3,516

Liabilities on guarantees

3,197

2,129

Collateral security for third-party liabilities

65

69

Total contingent liabilities

7,707

5,714

Guarantees amounting to €797 thousand (2011: €2,129 thousand) relate to contingent liabilities assumed jointly with another shareholder of a joint venture.

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 believes it is remote that these ongoing lawsuits will result in additional provisions.

Other financial commitments

Other financial commitments

€ thousand

2012

2011

 

 

 

Liabilities under non-cancellable operating leases

194,216

205,394

Capital expenditure commitments in property, plant and equipment

7,191

6,109

Capital expenditure commitments in intangible assets

2,597

1,630

Other financial commitments

18,530

16,958

Total other financial commitments

222,534

230,091

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

Minimum lease payments

€ thousand

2012

2011

 

 

 

Nominal minimum lease payments

194,216

205,394

due within one year

38,808

58,856

due in one to five years

90,394

104,634

due in more than five years

65,014

41,904

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 sub-leased to end customers (sale-and-leaseback sub-leases).

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

 

Procurement leases

Sale-and-Leaseback-Subleases

€ thousand

2012

2011

2012

2011

 

 

 

 

 

Minimum lease payments (cash out)

142,074

151,486

52,142

53,908

due within one year

21,329

38,134

17,479

20,722

due in one to five years

55,745

71,452

34,649

33,182

due in more than five years

65,000

41,900

14

4

 

 

 

 

 

Minimum lease payments (cash in)

-

-

6,843

11,257

due within one year

-

-

3,572

5,813

due in one to five years

-

-

3,268

5,440

due in more than five years

-

-

3

4

The future minimum lease payments for sale-and-leaseback transactions not recognised on the statement of financial position amounting to €52,142 thousand are partially offset by payments received under non-cancellable sub-leases amounting to €6,843 thousand. The future payments also include obligations arising from the refinancing of industrial trucks for which there are no offsetting receipts under short-term sub-leases.

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