0001387131-23-000291 Sample Contracts

Form of Guarantor Joinder
Joinder Agreement • January 12th, 2023 • Vertex Energy Inc. • Petroleum refining

THIS JOINDER AGREEMENT NO. 3 (this “Agreement”), dated as of January 5, 2023, to that certain Loan and Security Agreement dated April 1, 2022 (as amended by that certain Amendment Number One to Loan and Security Agreement, dated as of May 26, 2022, that certain Amendment Number Two to Loan and Security Agreement dated as September 30, 2022, and as may be further amended from time to time, the “Loan Agreement”) by and among Vertex Energy, Inc., a Nevada corporation (“Parent”), Vertex Refining Alabama LLC, a Delaware limited liability company (the “Borrower”), each of Parent’s direct and indirect subsidiaries from time to time party thereto, Cantor Fitzgerald Securities, as agent (the “Agent”) and the several lenders from time to time party thereto (collectively, the “Lenders”). Capitalized terms used herein but not otherwise defined shall have the meanings provided in the Loan Agreement.

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AMENDMENT NUMBER THREE TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • January 12th, 2023 • Vertex Energy Inc. • Petroleum refining

THIS AMENDMENT NUMBER THREE TO LOAN AND SECURITY AGREEMENT (this “Amendment No. 3”), dated as of January 8, 2023, is entered into by and among Vertex Energy Inc., a Nevada corporation (“Parent”), Vertex Refining Alabama LLC, a Delaware limited liability company (“Borrower”), each of Parent’s direct and indirect Subsidiaries listed on Schedule 1 hereto other than Excluded Subsidiaries (collectively, the “Existing Subsidiary Guarantors” and each, individually, an “Existing Subsidiary Guarantor”), Vertex Renewables LLC, a Delaware limited liability company (“Vertex Renewables”), Vertex Renewables Alabama LLC, a Delaware limited liability company (“Vertex Renewables Alabama”; Vertex Renewables, together with Vertex Renewables Alabama, each a “New Subsidiary Guarantor” and collectively, the “New Subsidiary Guarantors”; the New Subsidiary Guarantors, together with the Existing Subsidiary Guarantors and Parent, each a “Guarantor” and collectively, the “Guarantors”), Cantor Fitzgerald Securiti

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