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LXU > SEC Filings for LXU > Form 8-K on 4-Nov-2009All Recent SEC Filings

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Form 8-K for LSB INDUSTRIES INC


4-Nov-2009

Entry into a Material Definitive Agreement, Financial Statements and Exhibits


Item 1.01. Entry into a Material Definitive Agreement

On October 29, 2009, due to the previously reported delays in the start up of the chemical facility located at Pryor, Oklahoma (the "Pryor Facility"), Pryor Chemical Company ("Pryor Chemical"), a wholly-owned subsidiary of LSB Industries, Inc., entered into an amendment (the "Amendment") to its Urea Ammonium Nitrate Purchase and Sale Agreement (the "Agreement") with KOCH Nitrogen Company, LLC ("KOCH"). The Agreement provides for KOCH's purchase of substantially all of the urea ammonium nitrate ("UAN") production at the Pryor Facility.

The Amendment provides for (a) an adjustment to the product pricing for the first 300,000 tons of UAN made available to KOCH from the Pryor Facility, (b) the waiver of KOCH's and Pryor Chemical's early termination right if commercial quantities of UAN are not produced by November 30, 2009, and (c) KOCH's waiver of any minimum marketing fees for the period prior to the Pryor Facility becoming fully operational.

The Amendment is attached as Exhibit 99.1 to this report and is incorporated herein by reference.



Item 9.01. Financial Statements and Exhibits

(d)      Exhibits.

Exhibit         Description

99.1    Amendment No. 1 to Urea Ammonium Nitrate Purchase and Sale Agreement,
        dated October 29, 2009, between Pryor Chemical Company and KOCH Nitrogen

Company, LLC. CERTAIN INFORMATION WITHIN THIS EXHIBIT HAS BEEN OMITTED AS IT IS THE SUBJECT OF A REQUEST FOR CONFIDENTIAL TREATMENT UNDER THE FREEDOM OF INFORMATION ACT AND THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. THE OMITTED INFORMATION HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION FOR THE PURPOSES OF SUCH REQUEST.


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