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El Dorado extends AN contract with Orica, SEC eyes LSB restatement

El Dorado Chemical Co., a unit of LSB Industries Inc., has extended its original ammonium nitrate supply agreement with Orica to Dec. 31, 2010. The extension provides for liquidated damages to be paid by Orica to EDCC under certain conditions if Orica purchases less than 180,000 st during 2006 or less than 210,000 tons in any year thereafter.

In other company news, LSB has received notice from the Securities Exchange Commission of an informal inquiry regarding its change from LIFO to FIFO of certain heat pump inventory in its Climate Control segment, resulting in LSB’s December 2005 restatement of its audited financial statements for year ended Dec. 31, 2004.

LSB has been involved in new litigation this year. Most notable is its attempt in Arkansas to retrieve $2.8 million in business interruption and property claims relating to the outage of an El Dorado, Ark., nitric acid plant during part of 2004 and 2005. To date, LSB has recovered $5.2 million from insurers.

LSB’s Cherokee Nitrogen subsidiary has filed suit in Alabama State Court in Etowah County, Ala., against Meecorp Capital Markets LLC and Lending Solutions Inc. for recovery of actual damages plus punitive damages relating to a loan transaction. Meecorp counterclaimed for the balance of an alleged commitment fee of $100,000, an alleged equity kicker of $200,000, and $3.4 million for loss of opportunity. Cherokee says it is vigorously pursuing this matter and believes it will win, with very remote chances for the defendant.

LSB has recently settled litigation with Southwest Securities Inc., which alleged it was due a $1.7 million fee for helping to retain financing for LSB. LSB said it only had a sixty day agreement with Southwest and that the financing came ten months after the agreement. LSB settled the case for $300,000.

Masinexportimport Foreign Trade Co. recently brought suit against LSB, saying that it is owed over $1.5 million from drafts payable from former LSB subsidiaries. LSB says all of its interest in the units, LSB Corp. and Aerobit Ltd., were sold in 2002, and that it plans to vigorously defend the matter.

Yara acquires 50 percent of Balderton Fertilisers

Oslo-Yara International ASA has acquired 50 percent of the Geneva-based trading company Balderton Fertilisers SA. Yara says the acquisition will strengthen Yara’s existing ammonia and fertilizer trade business and will support further growth through improved sourcing capabilities and new distribution channels. Balderton is one of the leading fertilizer and ammonia trading companies in Europe, trading approximately 1.8 million mt of various products in 2005. Balderton’s strong positions in the Black Sea region, the Mediterranean, and Africa compliment Yara’s positions in other parts of the world. Going forward, Yara will both purchase third party fertilizer products through Balderton and use Balderton as a complimentary sales channel for Yara’s own produced products in markets where Yara does not currently have a presence. “After successfully having done business together for many years, both companies wanted a closer cooperation in order to support the continued profitable growth of both companies,” said Yara President and CEO Thorleif Enger. The parties have agreed not to disclose the purchase price at this stage.

UAP closes on Terral acquisition

Greeley, Colo.-UAP Holding Corp. said Sept. 5 that it has closed the acquisition of Terral AgriService, Inc. and certain assets of Terral FarmService Inc. and Wisner Elevator Inc. UAP previously announced its intent to acquire Terral (GM July 17, p. 9), pending due diligence and the negotiation of definitive agreements. Terral, a leading chemical, fertilizer, and seed distributor with over 3,000 customers, has been operating in Northeast Louisiana for over 60 years. The acquisition will contribute several key assets, including five distribution facilities throughout Northeast Louisiana, as well as key management and sales personnel. As part of the transaction, Brad Terral, vice president of Terral FarmService and Wisner Elevator, will remain with the business for two years. “We are very pleased to have closed on our purchase of Terral,” said Kenny Cordell, UAP CEO. “This acquisition is an ideal fit with UAP’s stated growth strategy, as it will expand our distribution reach and increase our market share in chemicals, fertilizer and seed. We are confident in our ability to quickly integrate the two companies and capitalize on the rich heritage of Terral.”

Agrium potash miner injured in accident

Calgary-A 29-year old man was hospitalized in Saskatoon last week with a spinal injury and two broken arms after an accident at Agrium Inc.’s Vanscoy potash mine, according to the local press, which said the man’s injuries were not believed to be life threatening. The man was reportedly working underground and was injured by falling rocks. Agrium said it is working with Saskatchewan’s Mine Branch to do a full investigation of the accident. Agrium spokesman Richard Downey told Green Markets that once the review is complete it will be shared with the industry to reduce the chance of this type of accident occurring again. The man’s family requested his name be kept confidential, and Agrium is honoring their wishes.

Growmark sales up; fertilizer, volumes off

Bloomington, Ill.-Growmark Inc. estimates that sales for the year ending Aug. 31, 2006, will be $3.4 billion, up $700 million from last year. Net income is expected to be $73.5 million, up from the prior year’s $73.2 million, which included a $51 million gain from the sale of CF Industries Inc. stock. The company’s energy business had a record year and helped offset the company’s agronomy business, which saw a six percent decrease in fertilizer and crop protection volumes. Seed sales were a bright spot, with sales topping $130 million, a $20 million increase. Higher sales were generated from higher seed corn and biotech trait sales. Growmark said it has gained 560,000 acres of new corn and soybean seed business in the past two years. With relatively flat planted acreage, Growmark CEO Bill Davisson told shareholders Sept. 1 that this is business taken away from competitors. Davisson also said that Growmark FS, its agronomy subsidiary on the eastern seaboard, has increased sales to $120 million and has positive income. He said the unit is in the midst of a facilities restructuring program, which includes closing, relocation, and construction of new facilities. Growmark said it would return more than $49 million in patronage and refunds to members. In addition, there will also be a special redemption of preferred stock. In total, more than $60 million of cash will be distributed, a Growmark record.

Kinder-Morgan goes private

Houston-Transportation company Kinder Morgan Inc. on Aug. 28 said it signed a definitive merger agreement under which Chairman and CEO Richard Kinder and other members of management, along with investment groups Goldman Sachs Capital Partners, American International Group Inc., The Carlyle Group, and Riverstone Holdings LLC., will acquire the company in a transaction valued at $22 billion. This includes the assumption of approximately $7 billion in debt. Shareholders will receive $107.50 in cash for each share.

Piney Point plant sold to New York investors

Bradenton, Fla.-After Manatee County, Fla., officials declined a sweetheart deal, a group of New York City investors agreed to purchase Mulberry Corp.’s defunct Piney Point phosphate processing plant for $4.3 million, according to Herb Donica, the attorney for the trustee of the property. In addition, the group, HRK Holdings LLC, agreed to pay $3.8 million over an extended period for cleanup and additional maintenance, costs that would have been paid by the state, which has already spent nearly $100 million to secure the site. “We offered it to the county (Manatee) for practically free for use as a reservoir, but they turned us down,” Donica said. “They said it was too much liability.” Donica added that the Florida Department of Environmental Protection (FDEP) offered to purchase an insurance policy from Lloyds of London for the county’s protection, but the county still declined. The Southwest Water Management Authority had urged the county to make the purchase. Fresh water in the Tampa Bay Area is a scarce commodity, and most of the cities and counties are on permanent water restrictions. The stacks and holding ponds at the site became a hazard after Mulberry walked out and informed the FDEP it could no longer afford to maintain the plant and ponds. The company filed Chapter 11 bankruptcy, but that was later converted to Chapter 7 and FDEP took over responsibility for the cleanup, which will continue until 2007 and will require special maintenance until 2010. FDEP emptied the ponds through a series of releases and treatments of the highly contaminated and acidic water. When the ponds on the stacks were emptied, they were lined so they could hold clean rain water. The ponds would have been the largest fresh water reservoir in the state if they had been purchased by Manatee County. The new owners did not say what they planned to do with the property, but it is zoned industrial and is near Port Manatee.

Toyo awarded contract for nitrogen plant

Trinidad-Toyo Engineering Corp. reports that it was awarded an engineering contract from MAN Ferrostaal AG for the US$1.2 Billion nitrogen fertilizer complex planned by Methanol Holdings (Trinidad) Ltd. This project is to construct a UAN and melamine plant at Point Lisas Industrial Estate. The facility will include an ammonia unit (1,850 mt/d), urea (2,100 mt/d), nitric acid (1,520 mt/d), ammonium nitrate (1,930 mt/d), UAN (4,300 mt/d), and melamine (180 mt/d). Toyo will license its own urea technology and provide basic and detailed engineering service for the urea plant and utility and offsite facilities and integration activities of the overall complex. MAN will act as the general contractor for this project.

Industry attends meeting on TWIC proposal

Washington, D.C.-Industry officials attended an Aug. 28 meeting in Washington, D.C., to discuss at length the U.S. Coast Guard (USGC) Transportation Workers Identification Credential (TWIC) program proposal, which will become law by the end of 2006. The TWIC program, which is mandated by the Maritime Transportation Security Act, would require all individuals with unescorted access to secure areas of American ports and Coast Guard regulated facilities to undergo a security threat assessment to determine whether or not they pose a security risk. Following the threat assessment, the TWIC, which would contain biometric information such as a fingerprint, would be issued to individuals desiring unescorted access. According to the Agricultural Retailers Association, topics at the Aug. 28 meeting included those issues that will affect retailers and distributors, such as the cost of implementation, escorted facility access for those workers without a TWIC card, and whether the USCG will accept a pre-existing government approved background check. “The spirit of the proposed law is to increase port security by limiting access to sensitive areas ?Çô a worthy goal,” ARA’s Jim Thrift told Green Markets. Thrift noted that industries that have major facilities at large ports are mostly positive about TWIC, as it will standardize all port regulations across the nation. TWIC requirements state that unauthorized personnel entering a secured area will need a facility escort, but ARA has voiced concerns that most agricultural facilities, due to their small size, do not have extra personnel for escort services. ARA has asked the USCG to accept electronic surveillance in some cases, in place of an escort, Thrift said. “Exact costs for TWIC are unknown, but it is expected that total charges for TWIC cards, background checks, facility escorts and security training for TWIC employees will be substantial,” he noted. ARA said it will continue to help retailers implement security programs like the TWIC “in a way that does not disrupt normal business practices.” The Fertilizer Institute has also weighed in on the TWIC requirements. In a July letter to the Department of Transportation, TFI President Ford West asked that the TWIC modify its definitions of “secure areas” and “escort,” as well as its enrollment process, to avoid putting a financial burden on TWIC applicants and owners/operators, and on small fertilizer businesses (GM Aug. 14, p. 1).

Management Briefs

Dan Russell, formerly with The Mosaic Co. and IMC Global, has accepted the position of vice president of business development with Truth Chemical of Woodlands, Texas.


Steve Betts, formerly of Florida Favorites, has joined United Suppliers Inc. as sales manager. Betts will be based at United Suppliers’ headquarters in Eldora, Iowa, as of Sept. 12, and can be reached at 800-782-5123 or 641-858-2341.


Nikolay Pilipenko has been appointed as finance director of Russian fertilizer giant EuroChem. Pilepenko was previously with Asea Brown Boveri (ABB), a global electrical and power engineering company, since 1994, first as a regional sales manager in ABB Russia, then in corporate finance at ABB headquarters in Switzerland, and most recently as finance director of ABB TRAFO S.A. in Spain.