SECOND AMENDMENT TO
ANHYDROUS AMMONIA SALES
AGREEMENT
THIS SECOND
AMENDMENT TO ANHYDROUS AMMONIA SALES AGREEMENT (this “Second
Amendment”) is dated November 3, 2006 and effective July 1,
2006 (the “Effective Date”), by and between Koch
Nitrogen Company (“KNC”), Koch Nitrogen International
Sàrl (KNI”) and collectively with KNC,
“Koch”) and El Dorado Chemical Company
(“Buyer”).
WHEREAS, Koch
and Buyer are parties to that certain Anhydrous Ammonia Sales
Agreement dated March 9, 2005, as amended by that certain First
Amendment to Anhydrous Ammonia Sales Agreement effective August 29,
2005 (collectively the “Agreement”), and Koch and Buyer
mutually desire to further amend the Agreement as hereinafter
provided.
NOW, THEREFORE,
in consideration of the mutual covenants and premises herein set
forth and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. DEFINED
TERMS. Capitalized terms used but not defined herein shall have the
meaning given to such terms in the Agreement.
2. TERM.
Section II TERM of the Agreement shall be deleted in its entirety
and replaced as follows:
“Term The
term of this Agreement (the “Term”) shall commence on
12:01 a.m. central time on January 3, 2005 and shall terminate at
11:59 p.m. on December 31, 2008, unless terminated earlier in
accordance with this Agreement.”
3. PRICE.
Effective upon the Effective Date, subsections B. and C. of Section
VI PRICE of the Agreement, shall be deleted in their entirety and
replaced as follows:
“B.
Adder. The Adder shall be *** per short ton. However if the Ammonia
Pipeline Transportation Charge is modified as set forth in Section
VI C. of the Agreement, the parties agree to modify the Adder as
set forth in Section VI C.”
“C.
Ammonia Pipeline Transportation Charge
. The Ammonia Pipeline Transportation Charge per short ton shall be
*** per short ton from Taft, Louisiana or Sterlington, Louisiana to
the Delivery Point for pipeline deliveries. In the event the
Ammonia Pipeline Ta