UNITED STATES
SECURITIES AND EXCHANGE
COMMISSION
WASHINGTON, D.C.
20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d)
OF
THE SECURITIES EXCHANGE ACT OF
1934
Date of
report (Date of earliest event reported) January 19,
2009
LSB INDUSTRIES, INC.
(Exact
name of registrant as specified in its charter)
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Delaware
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1-7677
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73-1015226
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(State
or other jurisdiction
of
incorporation)
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(Commission
File
Number)
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(IRS
Employer
Identification
No.)
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16 South Pennsylvania, Oklahoma
City, Oklahoma
(Address of principal executive offices) |
73107
(Zip
Code) |
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Registrant's telephone number,
including area code (405) 235-4546
Not applicable
(Former
name or former address, if changed since last report)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions (see General Instruction A.2. below):
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o
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Section
1 – Registrant’s Business and Operations
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Item
1.01.
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Entry
into a Material Definitive
Agreement
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El Dorado
Chemical Company (“EDC”), a wholly-owned subsidiary of LSB Industries, Inc., and
Orica USA Inc. (“Orica”) entered into the Third Amendment to AN Supply Agreement
(the “Amendment”) on January 19, 2009. The Amendment is effective as
of December 9, 2008. The Amendment extended the end of the initial
term of the amended ammonia supply agreement between EDC and Orica by six
months, from December 31, 2010 to June 30, 2011. A copy of the
Amendment is attached as Exhibit 99.1 hereto and is incorporated by reference in
this Item 1.01
Section
9 – Financial Statements and Exhibits
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Item
9.01.
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Financial
Statements and Exhibits
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(d) Exhibits.
Exhibit Description
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99.1
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Third
Amendment to AN Supply Agreement, dated effective December 9, 2008,
between El Dorado Chemical Company and Orica USA
Inc.
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SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the Company has duly
caused this report to be signed on its behalf by the undersigned hereunto duly
authorized.
Dated:
January 21, 2009
LSB INDUSTRIES,
INC.
By: /s/ Tony M. Shelby
Tony M.
Shelby,
Executive Vice
President of Finance and Chief Financial Officer
EXHIBIT 99.1
THIRD AMENDMENT TO AN SUPPLY
AGREEMENT
This Third Amendment to AN Supply
Agreement (“Third Amendment”) is entered into by and between Orica USA, Inc.
(“Orica”) and El Dorado Chemical Company (“EDC”), with an effective date of
December 9, 2008 (“Effective Date”) in reference to the following:
A. Orica
and EDC entered into that certain AN Supply Agreement dated November 1, 2001
(the “Original Agreement”), as amended by that certain Amended and Restated
First Amendment letter dated April 3, 2007 relating to ammonia supply (“First
Amendment”). Orica and EDC also entered into a Second Amendment to AN Supply
Agreement dated August 24, 2006 with an effective date of January 1, 2006
(“Second Amendment”). The Original Agreement, First Amendment, and
the Second Amendment are collectively hereinafter referred to as the
“Agreement”. Capitalized terms that are not otherwise defined herein
shall have the meaning given such terms in the Agreement.
B. The
parties desire to extend the term of the Agreement to June 30,
2011.
NOW, THEREFORE, for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. Preamble. The
preamble is hereby incorporated herein by reference; provided that, in case of
any inconsistency between any part of the preamble and any part of the body of
the Agreement, then the body of the Agreement shall prevail.
2. Term. The
references to “December 31, 2010” in Section 2.1 of the Agreement are
hereby deleted, and “June 30, 2011” is inserted in their place.
3. No Other
Changes. Except as provided in this Third
Amendment, all other terms of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have
executed this Third Amendment effective as of the date first written
above.
ORICA USA, INC.
By: /s/ Craig Elkington
Name: Craig Elkington
Title: President
Date of Signature: 1/19/09
EL DORADO CHEMICAL
COMPANY
By: /s/ Tony Shelby
Name: Tony Shelby
Title: Vice President
Date of Signature: 12/09/08