THIRD AMENDMENT TO AN SUPPLY AGREEMENT
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/ Xxxxx Xxxxxxxxx
Name: Xxxxx Xxxxxxxxx
Title: President
Date of Signature: 1/19/09
EL DORADO CHEMICAL
COMPANY
By: /s/ Xxxx Xxxxxx
Name: Xxxx Xxxxxx
Title: Vice President
Date of Signature: 12/09/08