CHS 8-K 2012
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
Item 1.01 Entry into a Material Definitive Agreement.
Effective February 1, 2012, CHS Inc. ("CHS") and Cargill, Incorporated ("Cargill") entered into an Amended and Restated Limited Liability Company Agreement (the "Amended and Restated LLC Agreement") to expand the scope of the original Limited Liability Company Agreement dated August 26, 2002 between CHS and Cargill (the "LLC Agreement"). Pursuant to the terms of the Amended and Restated LLC Agreement, the parties agreed to commit to sell all of their feedgrains, wheat, oilseeds and by-product origination that are tributary to the Pacific Northwest, United States ("Pacific Northwest") to TEMCO, LLC and to use TEMCO, LLC as their exclusive export-marketing vehicle for such grains exported through the Pacific Northwest. Pursuant to the Amended and Restated LLC Agreement, Cargill’s Tacoma, Washington facility will continue to be subleased to TEMCO, LLC and, additionally, CHS agreed to sublease its Kalama, Washington facility to TEMCO, LLC and Cargill agreed to lease its Irving facility in Portland, Oregon to TEMCO, LLC to provide TEMCO, LLC with more capacity to conduct this business.
Item 9.01 Financial Statements and Exhibits.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.