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): July 2, 2010
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 Avenue,
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
Item
1.01. Entry into a Material Definitive Agreement
On July 2, 2010, El Dorado Nitrogen,
L.P. (“EDN”) and El Dorado Chemical Company (“EDC”), both subsidiaries of LSB
Industries, Inc. (the “Company”) received the executed Second Amendment to
the Nitric Acid Supply Operating and Maintenance Agreement, dated effective June
16, 2010 (the “Second Amendment”), between EDN, EDC, and Bayer MaterialScience,
LLC (“Bayer”). The Second Amendment amends the previously disclosed
Nitric Acid Supply Operating and Maintenance Agreement, dated October 23, 2008
(the “Bayer Agreement”), between EDN, EDC, and Bayer, which remains in full
force and effect.
The Second Amendment provides for the
installation of an N2O abatement catalyst at the nitric acid manufacturing
facility located in Baytown, Texas (the “Baytown Facility”). The
Baytown Facility is maintained and operated by EDN in accordance with the terms
of the Bayer Agreement. The abatement catalyst has been installed and
is designed to reduce the level of N2O emissions, or greenhouse gases, produced
in the operation of the Baytown Facility. Under the terms of the
Bayer Agreement, as amended by the Second Amendment, EDN will be allocated a
portion of any greenhouse gas offset credits relating to the reduction of N2O
emissions at the Baytown Facility, if any, after such credits are sold and
certain of Bayer’s costs are reimbursed from the proceeds from the sale of such
credits.
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: July
6, 2010
LSB
INDUSTRIES, INC.
By: /s/ Tony M. Shelby
Name:
Tony M. Shelby
Title:
Executive Vice President and
Chief
Financial Officer