SEC Comment Letter for LSB INDUSTRIES, INC. (LXU) (CIK 0000060714) (LXU) — Nov 2, 2007
LSB INDUSTRIES, INC. (LXU) (CIK 0000060714)
Date: Nov. 2, 2007 · CIK: 0000060714 · Accession: 0000000000-07-053892
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 333-145721
Letter
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549-7010 DIVISION OF CORPORATION FINANCE Mail Stop 7010 November 2, 2007 David M. Shear, Esq. Senior Vice President and General Counsel LSB Industries, Inc. 16 South Pennsylvania Avenue Oklahoma City, Oklahoma 73107 Re: LSB Industries, Inc. Amendment No. 1 to Registration Statement on Form S-1 Filed on October 19, 2007 File No. 333-145721
Dear Mr. Shear: We have limited our review of your filing to those issues we have addressed in our comments. Selling Security Holders, page 37
1. We note your disclosure that some of the selling shareholders and/or their affiliates held short positions in your common stock as of September 30, 2007. Please indicate the size of the short positions. Supplementally confirm that you are aware of Telephone Interp. A.65 (July 1997) on this matter, which is publicly available on our website, and revise your disclosure in the Plan of Distribution section accordingly. Exhibit 5.1 – Legal Opinion
2. Since the company is incorporated in Delaware and the indenture and related debentures are governed by New York law, the legal opinion cannot be limited to Oklahoma law. Please revise. As appropriate, please amend your filing in response to these comments. Please direct questions to Brigitte Lippmann at (202) 551-3713 or me at (202) 551-3760.
S i n c e r e l y , Pamela Long A s s i s t a n t D i r e c t o r
David M. Shear, Esq. LSB Industries, Inc. November 2, 2007 Page 2 cc: Irwin H. Steinhorn, Esq. Conner & Winters, LLP 1700 One Leadership Square 211 North Robinson Oklahoma City, Oklahoma 73102
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549-7010
DIVISION OF
CORPORATION FINANCE
Mail Stop 7010
November 2, 2007
David M. Shear, Esq. Senior Vice President and General Counsel LSB Industries, Inc. 16 South Pennsylvania Avenue Oklahoma City, Oklahoma 73107
Re: LSB Industries, Inc.
Amendment No. 1 to Registration Statement on Form S-1
Filed on October 19, 2007
File No. 333-145721
Dear Mr. Shear:
We have limited our review of your filing to those issues we have addressed in our comments.
Selling Security Holders, page 37
1. We note your disclosure that some of the selling shareholders and/or their affiliates held short positions in your common stock as of September 30, 2007. Please indicate the size of the short positions. Supplementally confirm that you are aware of Telephone Interp. A.65 (July 1997) on this matter, which is publicly available on our website, and revise your disclosure in the Plan of Distribution section accordingly.
Exhibit 5.1 – Legal Opinion
2. Since the company is incorporated in Delaware and the indenture and related debentures are governed by New York law, the legal opinion cannot be limited to Oklahoma law. Please revise. As appropriate, please amend your filing in response to these comments. Please direct
questions to Brigitte Lippmann at (202) 551-3713 or me at (202) 551-3760.
S i n c e r e l y , Pamela Long
A s s i s t a n t D i r e c t o r
David M. Shear, Esq.
LSB Industries, Inc. November 2, 2007 Page 2 cc: Irwin H. Steinhorn, Esq.
Conner & Winters, LLP 1700 One Leadership Square 211 North Robinson Oklahoma City, Oklahoma 73102