[40] Related party disclosures

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. Related parties that are controlled by the KION Group, through which a significant influence can be exerted over the KION Group, or which are members of the Superlift group are either included in the list of shareholdings as at 31 December 2013 (see note [45]) or in the table below: >> Table 113

The members of the Executive Board and Supervisory Board of KION GROUP AG are also related parties.

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 The Goldman Sachs Group, Inc. extended the SFA to include an additional loan of €100.0 million to be paid via Superlift Funding S.à r.l., Luxembourg. The loan provided by Superlift Holding to Superlift Funding (including accrued interest) and the investment in Superlift Funding, together amounting to €118.1 million, were converted into equity with effect from 11 June 2013.

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 & Co. were to provide advisory services for the KION Group. These advisory services related, in particular, to financial and strategic issues. The advisory agreement expired when KION GROUP AG was floated on the stock market. A total of €2.4 million in advisory fees was recognised as an expense in respect of this agreement in 2013 (2012: €4.8 million). KION GROUP AG, KKR and Goldman, Sachs & Co. concluded a new global advisory agreement on 7 June 2013, which stipulates a fixed annual fee of €125,000. Under the agreement, KKR and Goldman, Sachs & Co. will continue to provide limited advisory services for the KION Group after its IPO in the event that the KION Group decides it wishes to draw on this expertise. A total of €0.1 million in advisory fees was recognised as an expense in respect of the new agreement in 2013.

In connection with the issuance of a corporate bond, a banking fee totalling €1.9 million was paid to KKR and Goldman, Sachs & Co. as syndicate members. This fee has been allocated pro rata as transaction costs to each of the tranches and expensed over their respective terms.

As part of the stock market flotation, KKR and Goldman, Sachs & Co. were promised a contractual banking fee totalling €5.1 million, which was reported in other comprehensive income (loss) as transaction costs relating to the capital increase.

In August 2013, the KION Group began preparations for an employee share programme to enable staff members, initially those in Germany, to derive greater benefit from the success of the Company. An agreement for handling the share repurchase between 28 August and 26 September 2013 was signed with Goldman Sachs International, in which Goldman Sachs International was authorised to run the buy-back programme on behalf of KION GROUP AG. In 2013, a total of €0.1 million was recognised as an expense.

Weichai Power

Since exercising its option, which did not come into effect until 15 January 2014, Weichai Power Co. Ltd., Weifang, China (referred to below as Weichai Power) has held a 33.3 per cent stake in KION GROUP AG. Weichai Power also holds a controlling interest (70.0 per cent) in Linde Hydraulics GmbH & Co. KG, Aschaffenburg (referred to below as Linde Hydraulics). The remaining shares (30.0 per cent) in Linde Hydraulics are held by the KION Group. During 2013, the KION Group earned revenue of €17.0 million from selling goods and services to Linde Hydraulics and its subsidiaries. Over the same period, companies in the KION Group obtained goods and services from Linde Hydraulics and its subsidiaries amounting to €114.1 million. The receivables arising from the sale of goods and services stood at €6.0 million as at 31 December 2013 (31 December 2012: €1.0 million). No valuation allowances for trade receivables had been recognised as at the reporting date, a situation that was unchanged on 31 December 2012. As at 31 December 2013, liabilities to Linde Hydraulics and its subsidiaries resulting from the purchase of goods and services came to €2.7 million (31 December 2012: €0.0 million).

In parallel with its global advisory agreement with KKR and Goldman, Sachs & Co., KION GROUP AG also concluded a global advisory agreement with Weichai Power on 7 June 2013. Under the agreement, Weichai Power will provide advisory services related to the Asia-Pacific region for the KION Group after its IPO in the event that the KION Group decides it wishes to draw on this expertise. A fixed annual fee of €125,000 was agreed for these services. A total of €0.1 million in advisory fees was recognised as an expense in respect of the new agreement in 2013.

Weichai Power (Luxembourg) Holding S.à r.l. acquired shares by way of a capital increase. This capital increase caused the share capital to rise by €13.7 million and the capital reserves by €314.7 million.

The table below shows the receivables due from related parties as at the reporting date. >> Table 114

The table below shows the liabilities owed to related parties as at the reporting date. >> Table 115

Since the conversion of an existing loan and the investment in Superlift Funding by Superlift Holding, the loan (plus accrued interest) provided by Linde Material Handling GmbH to Superlift Funding has no longer been reported under liabilities owed to related parties.