Exhibit 10.42
FIRST AMENDMENT TO ANHYDROUS
AMMONIA SALES AGREEMENT
THIS FIRST AMENDMENT TO ANHYDROUS
AMMONIA SALES AGREEMENT (this “First Amendment ”) is
effective as of the 29 th day of August, 2005 (the “
Effective Date ”) by and among KOCH NITROGEN
INTERNATIONAL SÀRL , a Swiss societe a responsabilite
limitee (“ KNI ”) and KOCH NITROGEN
COMPANY , a Nebraska corporation (“ KNC ”)
and EL DORADO CHEMICAL COMPANY , an Oklahoma corporation
(“ Buyer ”).
W I T N E S S E T
H:
WHEREAS , KNI, KNC and Buyer are parties to that certain
Anhydrous Ammonia Sales Agreement, dated March 9, 2005, (the
“ Agreement ”);
WHEREAS , KNI, KNC and Buyer mutually desire to further
amend the Agreement, as hereinafter provided.
NOW, THEREFORE
, in consideration of the mutual
covenants and promises herein set forth and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows:
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1.
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DEFINED
TERMS . Capitalized
terms used but not defined herein shall have the meaning given to
such terms in the Agreement.
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2.
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AMENDMENTS . Upon the Effective Date, the Agreement shall
be amended as follows:
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(a)
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Term .
In Section II.A., “December 31, 2005” is hereby deleted
and replaced with “December 31, 2006,”
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(i)
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Section VI.B.
is hereby deleted in its entirety and replaced with the
following:
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“ Adder . Adder shall
equal $**[Redacted Text]** per short ton.”
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(ii)
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Section VI.C.
is hereby deleted and replaced with the following:
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“ Ammonia Pipeline
Transportation Charge . Effective July 1, 2005 the Ammonia
Pipeline Transportation Charge per short ton shall be $**[Redacted
Text]** per short ton from Taft, Louisiana or Sterlington,
Louisiana to the Delivery
PORTIONS OF THIS DOCUMENT HAVE BEEN OMITTED FROM
THIS PUBLIC FILING P
