alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
lxu-ex103_139.htm



Exhibit 10.3

LSB Funding LLC 600 Steamboat Road

Greenwich, CT 06830

 

September 22, 2021

 

LSB Industries, Inc.

3503 NW 63rd Street, Suite 500 Oklahoma City, Oklahoma 73116 Attention: Mark Behrman

 

Re: Consents Pursuant to Section 4 of the Securities Exchange Agreement Dear Mr. Behrman:

Reference is made to the Securities Exchange Agreement by and between LSB Industries Inc., a Delaware corporation (the “Company”), and LSB Funding LLC, a Delaware limited liability company (“LSB Funding”), dated as of July 19, 2021 (the “Agreement”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement.

 

LSB Funding hereby provides its prior written consent pursuant to Section 4.1 and Section 4.12 of the Agreement to refinance the Company’s current $435,000,000 of Indebtedness in the form of secured bonds through the incurrence by the Company and its subsidiaries of up to $500,000,000 of Indebtedness in the form of secured bonds (the “New Notes”) and all encumbrances on any assets of the Company or any of its subsidiaries associated therewith. The consent granted herein is conditioned upon the Company successfully negotiating the following terms, at a minimum, in its refinancing of the existing secured bonds:

 


	
 
	
(1)
	
the tenor of the New Notes runs for at least seven (7) years from the date of issuance,
	
 





	
 
	
(2)
	
the interest rate for the New Notes does not exceed six percent (6%), and





	
 
	
(3)
	
terms of the New Notes allow the Company to incur unlimited additional debt so long as the Fixed Charge Coverage Ratio (as defined in the Description of Notes in the offering memorandum for the New Notes (the “Description of the Notes”)) shall be equal to or greater than 2:1 and the Secured Leverage Ratio (as defined in the Description of Notes) does not exceed 5.5:1.
	
 




 

Nothing in this consent amends, modifies or waives any of the consent rights or any other provisions of the Agreement.

 

LSB Funding hereby consents to any and all actions required in connection with the preceding paragraph, which consent is provided for all purposes of Section 4.1 and Section 4.12 of the Agreement.

 



107115381_4
 


 

 

 

This consent letter shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of laws provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of laws of any jurisdictions other than those of the State of Delaware. This consent letter shall not operate as a waiver of any right, power or remedy of LSB Funding under the Agreement or affect LSB Funding’s right to demand compliance with the terms and conditions of the Agreement, except as specifically consented to hereby.

 

[Signature page immediately follows]

 



107115381_4
 


 

 

 

 

 

 

 

Very truly yours, LSB FUNDING LLC

 

 

By:  /s/ Todd L. Boehly

Name:  Todd L. Boehly

Title:  Chief Executive Officer



107115381_4
#### Frank Melvin BOYD, Appellant, v. STATE of Florida, Appellee.

No. L-484.

District Court of Appeal of Florida, First District.

July 16, 1970.

Frank Melvin Boyd, in pro. per.

Earl Faircloth, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.

PER CURIAM.

The briefs and record on appeal having been read and given full consideration and appellant having failed to demonstrate reversible error, the order appealed is hereby affirmed.

JOHNSON, C. J., and WIGGINTON and SPECTOR, JJ., concur.
254 La. 759

#### Delorise HOLDEN et al. v. TRANSAMERICA INSURANCE COMPANY et al.

No. 49941.

Supreme Court of Louisiana.

Oct. 1, 1969.

In re: Delorise Holden, wife of/and A. C. Holden, et al. applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, 'Parish of Tangipahoa. 222 So.2d 302.

Writ refused. On the facts found by the Court of Appeal we find no error of law in its judgment.
Order entered May 21, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00927-CV

JASON MICHAEL SPENCER, Appellant

V.

DEXTRAL CAPITAL, LP, A DELAWARE LIMITED PARTNERSHIP AND DEXTRAL 

CAPITAL MANAGEMENT FUND, LP, A DELAWARE LIMITED PARTNERSHIP,

Appellees

On Appeal from the 134th Judicial District Court

Dallas County, Texas

Trial Court Cause No. 11-15530

ORDER

By order entered April 18, 2014, we abated the appeal to allow the trial court an 

opportunity to conduct a hearing to determine the status of the reporter’s record. Although it does 

not appear a hearing has been held, the reporter’s record has been filed. Accordingly, we 

REINSTATE this appeal and VACATE our April 18th order. As the appellate record is now 

complete, we ORDER appellants to file their brief no later than June 23, 2014. 

/s/ ELIZABETH LANG-MIERS 

JUSTICE
#### Robert V. PAPIO and Eleanor Papio, his wife, Appellants, v. Eugene FLEISCHER and Lucille Fleischer, his wife, Appellees.

No. 70-364.

District Court of Appeal of Florida, Third District.

May 7, 1970.

PER CURIAM.

Appeal dismissed.
Financial Literacy and Education Commission Public Meeting 

January 26, 2011 at 10:30 AM

U.S. Department of the Treasury - Cash Room

 Welcome and Opening Remarks

Rosie Rios (Chair of the Meeting), Treasurer of the United States, U.S. Department of the Treasury 

 Featured Speaker 

 Holly Petraeus, Office of Servicemember Affairs, Consumer Financial Protection Bureau Implementation Team

 U.S. Department of the Treasury

 Financial Literacy and Education Commission Updates 

 National Strategy: Barbara Smith, Office of Retirement Policy

Social Security Administration

Phil Martin, Assistant for Financial Education and Student Aid

Office of the Secretary, U.S. Department of Education

Tonya Green, Director, Consumer Compliance and Outreach 

Office of Consumer Protection, National Credit Union Administration

Research and Evaluation: Jeanne Hogarth, Manager, Consumer Education and Research 

Division of Consumer and Community Affairs, Board of Governors of the 

Federal Reserve System

 Outreach and Communications: Aviva Sufian, Associate Commissioner of External Affairs 

Office of Communications, Social Security Administration 

 Core Competencies: Luke Reynolds, Chief, Outreach & Program Development Section 

Federal Deposit Insurance Corporation 

 Financial Education Approaches

Debby Visser, Director, Success Measures Investments and Partnerships and Jessica Anders, Research and 

Evaluation Manager, Success Measures, NeighborWorks 

Discussing a new financial education evaluation toolkit

Jason Milton, Senior Consultant, Gallup Consulting 

Jennifer Thibeaux, Director, Office of Innovation, Research & Assessment, Operation HOPE, Inc.

Discussing findings from the Gallup-Operation Hope Student Financial Literacy Index 

 Announcement

The next Commission meeting will be held on May 18, 2011.

 Conclusion
<PAGE>

                                                                      EXHIBIT 32


                              STATEMENT PURSUANT TO
                             18 U.S.C. SECTION 1350
                                 AS REQUIRED BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. Section 1350, the undersigned officer of Sylvan Inc.
hereby certifies that the company's annual report on Form 10-K for the year
ended December 28, 2003 fully complies with the requirements of Section 13(a) or
15(d), as applicable, of the Securities Exchange Act of 1934 and that the
information contained in the report fairly presents, in all material respects,
the financial condition and results of operations of the company.




Dated:  March 26, 2004                      /s/ DENNIS C. ZENSEN
      ---------------------                 -----------------------------------
                                                  Dennis C. Zensen
                                                  Chairman, President and Chief
                                                  Executive Officer





                                      141
<PAGE>

                                                                      EXHIBIT 32


                              STATEMENT PURSUANT TO
                             18 U.S.C. SECTION 1350
                                 AS REQUIRED BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


Pursuant to 18 U.S.C. Section 1350, the undersigned officer of Sylvan Inc.
hereby certifies that the company's annual report on Form 10-K for the year
ended December 28, 2003 fully complies with the requirements of Section 13(a) or
15(d), as applicable, of the Securities Exchange Act of 1934 and that the
information contained in the report fairly presents, in all material respects,
the financial condition and results of operations of the company.




Dated:  March 26, 2004                      /s/ DONALD A. SMITH
      ---------------------                 -----------------------------------
                                                  Donald A. Smith
                                                  Chief Financial Officer




                                      142
#### Melvin FISHER d/b/a Fisher Mobile Home and d/b/a Fisher Mobile Home, Inc., Appellant, v. Edward POLZIN and Elsie Polzin, his wife, Appellees.

No. 70-137.

District Court of Appeal of Florida, Second District.

May 5, 1970.

Appeal dismissed.
#### Oma IHLI, Petitioner, v. John T. HUGHES, Administrator of the Estate of Paul Watkins Hughes, deceased, Respondent.

No. 44024.

Supreme Court of Florida.

Oct. 11, 1973.

Certiorari denied. 277 So.2d 855.

CARLTON, C. J., and ROBERTS, BOYD, McCAIN and DEKLE, JJ., concur.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

June 25, 2013

s0617 

# Order

Clerk June 25, 2013

146226

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 146226

COA: 308348

Genesee CC: 07

- 021560

- FC

DELANDRICK SHERARD CLARK

, Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the October 4

, 2012

order of the Court of Appeals is considered, and it is DENIED, because the defendant has

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-13-00343-CV

Rick REILEY and Gary K. Weddle,

Appellants

v.

Pleas D. “Beau” ANDERSON, II and Margaret Anderson,

Appellees

From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 13-0074-CV

Honorable W.C. Kirkendall, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: August 14, 2013

DISMISSED

The parties have filed a joint motion to dismiss this appeal, stating that they have reached 

a settlement resolving all matters in controversy. The motion requests this court to dismiss the 

appeal and to “confirm the continued validity of the Trial Court’s Judgment.” The motion is 

granted, and the appeal is dismissed. See TEX. R. APP. P. 42.1(a)(2), 43.2(f). The dismissal of this 

appeal does not alter or affect the finality of the trial court’s judgment. See Caballero v. Heart of 
04-13-00343-CV

Texas Pizza, L.L.C., 70 S.W.3d 180, 180 (Tex. App.—San Antonio 2001, no pet.). Costs of the 

appeal are taxed against appellants.

PER CURIAM

2
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<PAGE>
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<FISCAL-YEAR-END>                          JAN-01-2000
<PERIOD-START>                             JAN-03-1999
<PERIOD-END>                               JUL-03-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   21,438<F1>
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<CURRENT-ASSETS>                                40,038
<PP&E>                                          24,992<F2>
<DEPRECIATION>                                       0
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<CURRENT-LIABILITIES>                           24,830
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<SALES>                                         55,585
<TOTAL-REVENUES>                                55,585
<CGS>                                           40,817<F3>
<TOTAL-COSTS>                                   51,132
<OTHER-EXPENSES>                                 (165)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 216
<INCOME-PRETAX>                                   4402
<INCOME-TAX>                                      1629
<INCOME-CONTINUING>                               2773
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,773
<EPS-BASIC>                                       1.33
<EPS-DILUTED>                                     1.30
<FN>
<F1> Net of allowance for doubtful accounts
<F2> Net of accumulated depreciation and depletion
<F3> Exclusive of depreciation, depletion and amortization
</FN>


</TABLE>
[Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
[Notices]
[Pages 66371-66372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33087]


=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The application also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of

[[Page 66372]]

a nonbanking company, the review also includes whether the acquisition 
of the nonbanking company complies with the standards in section 4 of 
the BHC Act. Unless otherwise noted, nonbanking activities will be 
conducted throughout the United States.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than January 12, 1998.
    A. Federal Reserve Bank of Richmond (A. Linwood Gill III, Assistant 
Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528:
    1. Shore Financial Corporation, Onley, Virginia; to become a bank 
holding company by acquiring 100 percent of the voting shares of Shore 
Bank, Onley, Virginia.
    B. Federal Reserve Bank of St. Louis (Randall C. Sumner, Vice 
President) 411 Locust Street, St. Louis, Missouri 63102-2034:
    1. First United Bancshares, Inc., El Dorado, Arkansas; to merge 
with Citizens National Bancshares of Hope, Inc., Hope, Arkansas, and 
thereby indirectly acquire Citizens National Bank of Hope, Hope, 
Arkansas, and Peoples Bank and Loan Company, Lewisville, Arkansas.
    C. Federal Reserve Bank of Kansas City (D. Michael Manies, 
Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 
64198-0001:
    1. FNB Financial Services, Inc. ESOP, Durant, Oklahoma; to acquire 
.3 percent of the voting shares of FNB Financial Services, Inc., 
Durant, Oklahoma, and thereby indirectly acquire The First National 
Bank in Durant, Durant, Oklahoma.

    Board of Governors of the Federal Reserve System, December 15, 
1997.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 97-33087 Filed 12-17-97; 8:45 am]
BILLING CODE 6210-01-F
Port/Terminal :

Our Reference :

Drawn By :

Representing :

Date Sample Taken :

Date Submitted :

Date Tested :

Sample Designated As :

Client Reference :

Test Method Units

API Gravity @ 60°F ASTM D4052 Deg. API

Sulfur ASTM D4294 % Wt.

Corrected Flash Point ASTM D93A Deg. °F

Viscosity, Kin @ 104°F ASTM D445 cSt

Heat of Combustion ASTM D240 BTU / Pound

Heat of Combustion ASTM D240 BTU / Gallon

Sediment & Water ASTM D2709 % Vol.

Ash Content ASTM D482 % Wt.

Nitrogen ASTM D5762 % Wt.

Vanadium ASTM D5863B PPM

Sodium ASTM D5863B PPM

(Ultimate Analysis) Carbon ASTM D5291 % Wt.

(Ultimate Analysis) Hydrogen ASTM D5291 % Wt.

<0.001

12.82

<2

0.022

<2

87.14

Syed Naqvi

Laboratory Manager

Intertek Caleb Brett

T: 203-467-3471 F: 203-467-8083

481A East ShorePkwy

New Haven, CT 06512

139330

0

April 30, 2009

#2 Fuel Oil

Results

2.67

19381

32.43

0.232

156

TBN

Report of Analysis

Taunton Municipal Lighting Plant, MA

29-000380

Submitted Sample

2 Fuel Oil Tank

April 29, 2009

April 29, 2009
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CRESTED CORP. FORM 10-Q FOR THE QUARTER ENDED AUGUST 31, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000025657
<NAME> CRESTED CORP.
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAY-31-1998
<PERIOD-START>                             JUN-01-1997
<PERIOD-END>                               AUG-31-1997
<CASH>                                       1,451,900
<SECURITIES>                                         0
<RECEIVABLES>                                  978,300
<ALLOWANCES>                                         0
<INVENTORY>                                     32,700
<CURRENT-ASSETS>                             2,850,600
<PP&E>                                       5,213,300
<DEPRECIATION>                               3,061,800
<TOTAL-ASSETS>                               8,055,500
<CURRENT-LIABILITIES>                        8,119,300
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        10,200
<OTHER-SE>                                   (856,600)
<TOTAL-LIABILITY-AND-EQUITY>                 8,055,500
<SALES>                                        453,600
<TOTAL-REVENUES>                               886,800
<CGS>                                           27,600
<TOTAL-COSTS>                                  259,100
<OTHER-EXPENSES>                               377,400
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,400
<INCOME-PRETAX>                                245,900
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            245,900
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   245,900
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                        0
        

</TABLE>
#### Succession of Augustine JOHNSON.

No. 53188.

Supreme Court of Louisiana.

Sept. 24, 1973.

Henry P. Dart, III, Dart & Dart, New Orleans, for First National Bank of Commerce.

Jesse S. Guillot, Joseph Meyer, Jr., New Orleans, for appellee.

SANDERS, Chief Justice.

The Civil District Court for the Parish of Orleans rendered an exparte judgment in this proceeding on July 31, 1972. The judgment recognized Eddie J. Hamilton and Mary Louise Hudson as the sole heirs of Augustine Johnson and placed them into possession of Savings Account No. HO-111367 in the. First National Bank of Commerce in New Orleans. Ownership of the account was established by the usual sworn descriptive list.

The heirs then made demand upon the bank for delivery of the account. When the bank rejected this demand, the trial court, upon motion of the heirs, issued a rule nisi ordering the bank to show cause why it should not comply with the judgment.

The bank filed an exception to the rule, attacking it as an unauthorized use of summary procedure. The district court, holding that the issue was incidental to the pending succession proceeding (see LSA-C.C.P. Art. 2592), overruled the exception and ordered compliance.

The bank perfected a suspensive appeal. While this appeal was pending, however, the district court set aside the original judgment of possession and reopened the succession. The appellees filed a motion in the Court of Appeal to remand the case or dismiss the appeal as moot, attaching a certified copy of the district court judgment setting aside the judgment of possession. The Court of Appeal, 278 So.2d 164, remanded the case to the trial court without ruling upon the issue presented and without setting aside or affirming the judgment ordering the bank to pay the fund at issue to the heirs.

We granted certiorari.

In this Court, as in the Court of Appeal, it is conceded that the district court has set aside the judgment of possession.

The action of the district court setting aside the judgment of possession has legal consequences as to the order against the bank to deliver the account. The order under review here was dependent upon the judgment of possession recognizing the *242heirs of Augustine Johnson. When that judgment was set aside no basis remained for the delivery of the account. This being true, the order should have been vacated, so as to relieve the bank of any obligation under it.

In view of this conclusion, we do not reach the further question raised by the bank as to the propriety of the summary proceedings.

For the reasons assigned, the judgment of the Court of Appeal is reversed and the order directed to the First National Bank of Commerce to deliver the proceeds of Savings Account No. HO-111367 to Eddie J. Hamilton and Mary Louise Hudson is vacated and set aside. All costs in the appellate courts are taxed against Eddie J. Hamilton and Mary Louise Hudson.

MARCUS, J., recused.