form_8k.htm
UNITED STATES
SECURITIES AND EXCHANGE
COMMISSION
WASHINGTON, D.C.
20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d)
OF
THE SECURITIES EXCHANGE ACT OF
1934
Date of
report (Date of earliest event reported) March 31,
2008
(Exact
name of registrant as specified in its charter)
|
Delaware
|
|
1-7677
|
|
73-1015226
|
|
(State
or other jurisdiction
of
incorporation)
|
|
(Commission
File
Number)
|
|
(IRS
Employer
Identification
No.)
|
|
|
|
|
|
|
|
16 South Pennsylvania, Oklahoma
City, Oklahoma
(Address
of principal executive offices)
|
|
73107
(Zip
Code) |
| |
|
|
|
|
Registrant's telephone number,
including area code (405) 235-4546
(Former
name or former address, if changed since last report)
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 (see General Instruction A.2. below):
| |
|
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
|
| |
o
|
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|
| |
o
|
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
|
| |
|
Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
|
Section
8 – Other Events
Item
8.01 Other Events
We
previously disclosed that the Securities and Exchange Commission (“SEC”) was
conducting an informal inquiry of us relating to the change in inventory
accounting from LIFO to FIFO involving approximately $500,000 by one of our
subsidiaries, which change resulted in the restatement of certain of our
financial statements for certain periods prior to 2005. The staff of
the SEC has notified us and our principal accounting officer that we will
receive a formal “Wells” notice that the staff has preliminarily decided to
recommend to the SEC that it institute a civil enforcement action against us and
our principal accounting officer in connection with the above described
matter. We and our principal accounting officer will have an opportunity
to make a written response to the Wells notice before the staff makes a formal
recommendation to the SEC. If any enforcement proceeding is instituted by
the SEC, we will vigorously defend the action. We cannot predict the
outcome or timing of this matter. A copy of the press release is
attached hereto as Exhibit 99.1, the text of which is incorporated herein by
reference.
Section
9 –
Financial Statements and Exhibits
Item
9.01 Financial Statements and Exhibits
Exhibit Description
99.1 Press
Release, dated April 1, 2008
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the Company has duly
caused this report to be signed on its behalf by the undersigned hereunto duly
authorized.
Dated: April 1,
2008
LSB
INDUSTRIES, INC.
By: /s/ Tony M. Shelby
Tony M.
Shelby,
Executive
Vice President,
Chief
Financial Officer