EXHIBIT 10.5
AMENDMENT NO. 1
TO
PURCHASE AGREEMENT
THIS Amendment No. 1 to Purchase Agreement, by and between Mississippi
Chemical Corporation ("MCC") and Air Products and Chemicals, Inc.
("Air Products"), is entered into as of the 31st day of May, 1995.
WITNESSETH:
WHEREAS, MCC and Air Products are parties to a Purchase Agreement
("Agreement") dated September 15, 1994, which became effective October 1, 1994;
and
WHEREAS, MCC and Air Products wish to modify certain provisions of that
Agreement.
NOW, THEREFORE, intending to be legally bound thereby, the parties agree as
hereafter set forth.
Paragraph 8.4 is hereby amended by deleting the paragraph in its
entirety and inserting the following paragraph in its stead:
In the event that Air Products is unable to meet the
specifications set forth in Exhibit F following installation
of the technology described in Exhibit E, Air Products shall
have the right to install additional equipment or make such
other modifications as are necessary to meet such
specifications by December 31, 1995. In the event that Air
Products elects not to make such installations or
modifications as are necessary to meet the specifications,
then MCC at its sole and exclusive option may modify the
specifications or terminate this Agreement effective March
31, 1996.
Except as amended hereby, all other terms and conditions of the Purchase
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1
to Purchase Agreement as of the date and year first written above, this
Amendment to be effective as of May 31, 1995.
MISSISSIPPI CHEMICAL CORPORATION
By: /s/ Xxxxxxx X. Xxxx
President
AIR PRODUCTS AND CHEMICALS, INC.
By: /s/ V. A. Xxxxxxx
Vice President and General Manager