Exhibit 10.3
***** PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED
PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION. THE OMISSIONS HAVE BEEN
INDICATED BY ASTERISKS (“*****”), AND THE OMITTED TEXT
HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION.
FIRST AMENDMENT
TO
MULTIPLE YEAR CONTRACT
FOR THE
PURCHASE AND SALE OF FERTILIZER
This First Amendment is made and
entered into as of the 1st day of July, 2009 by and between CF
INDUSTRIES, INC., a Delaware corporation, having its principal
place of business at 4 Parkway North (Suite 400), Deerfield,
Illinois (hereinafter referred to as “Supplier”) and
GROWMARK, INC., a Delaware corporation, having its principal place
of business at 1701 Towanda Avenue, Bloomington, Illinois
(hereinafter referred to as “Customer”).
W
I T
N E S S
E T H :
WHEREAS, Customer and Supplier have
entered into that certain Multiple Year Contract for the Purchase
and Sale of Fertilizer dated July 1, 2008 (the
“MYC”) whereby Supplier has agreed to sell and Customer
has agreed to purchase certain fertilizer;
WHEREAS, Customer and Supplier have
agreed to amend the MYC in the manner hereinafter set
forth;
NOW, THEREFORE, in consideration of
the premises and the mutual covenants and agreements herein
contained, and for other good and valuable consideration the
receipt and sufficiency of which is hereby acknowledged, Customer
and Supplier hereby agree as follows:
1.
The third paragraph in Section 2 of the MYC is amended
by
