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EXHIBIT 10.1
AMENDMENT NO. 1
Dated as of August 20, 1996
to
AGREEMENT FOR LEASE
Dated as of June 29, 1995
between
Trinidad Ammonia Company, Limited Partnership
as Owner
and
Arcadian Fertilizer, L.P.
as Agent
This Amendment has been manually executed in 8 counterparts, numbered
consecutively from 1 through 8, of which this is No. 2. To the extent,
if any, that this Amendment constitutes chattel paper (as such term is
defined in the Uniform Commercial Code as in effect in any
jurisdiction), no security interest in this Amendment may be created or
perfected through the transfer or possession of any counterpart other
than the original executed counterpart which shall be the counterpart
identified as counterpart No. 1.
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Amendment No. 1 dated as of August 20, 1996 to Agreement for
Lease ("Amendment No. 1"), dated as of June 29, 1995, between Trinidad Ammonia
Company, Limited Partnership, a Delaware limited partnership ("Owner"), and
Arcadian Fertilizer, L.P., a Delaware limited partnership ("Agent"), amending
the Agreement for Lease referred to below.
WHEREAS, Owner and Agent have heretofore entered into an
Agreement for Lease, dated as of June 29, 1995 (the "Agreement for Lease"); and
WHEREAS, Owner and Agent wish to amend the Agreement for Lease as
hereinafter provided;
NOW, THEREFORE, Owner and Agent hereby agree that the Agreement
for Lease is amended as follows:
1. The definition of "Unit Budget" in subsection 1.1 of the
Agreement for Lease is amended to delete the amount "$75,000,000" and to
replace such amount with the amount "$79,500,000".
2. Subsection 2.2 of the Agreement for Lease is amended to
delete the amount "$75,000,000" and to replace such amount with the amount
"$79,500,000".
3. This Amendment No. 1 may be executed in several
counterparts, each of which when executed and delivered shall be deemed an
original and all of which counterparts, taken together, shall constitute but
one and the same Amendment No. 1.
4. This Amendment No. 1 shall in all respects be governed by,
and construed in accordance with, the laws of the State of New York, including
all matters of construction, validity and performance.
5. Except as provided herein, all provisions, terms and
conditions of the Agreement for Lease shall remain in full force and effect.
As amended hereby, the Agreement for Lease is ratified and confirmed in all
respects.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment
No. 1 to be duly executed as of the date first above written.
Trinidad Ammonia Company, Limited Partnership
By Trinidad Ammonia Capital, Inc.,
its General Partner
By: /s/ XXXXXX X. XXXXXXX
-------------------------------------
Name: XXXXXX X. XXXXXXX
Title: VICE PRESIDENT
SECRETARY AND TREASURER
Arcadian Fertilizer, L.P.
By Arcadian Corporation, its General Partner
By: /s/ XXXX X. XXXXXX
-------------------------------------
Name: XXXX X. XXXXXX
Title: TREASURER
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