0001387131-23-007087 Sample Contracts

GUARANTY between VERTEX REFINING ALABAMA LLC and MACQUARIE ENERGY NORTH AMERICA TRADING INC. dated as of May 26, 2023
Guaranty • May 31st, 2023 • Vertex Energy Inc. • Petroleum refining • New York

This GUARANTY (this “Agreement”), dated as of May 26, 2023 is made by and among VERTEX REFINING ALABAMA LLC, a Delaware limited liability company (the “Guarantor”) and MACQUARIE ENERGY NORTH AMERICA TRADING INC., a Delaware corporation (“Macquarie”).

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AMENDMENT NUMBER FOUR AND CONSENT AND WAIVER TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • May 31st, 2023 • Vertex Energy Inc. • Petroleum refining

This Loan and Security Agreement (this “Agreement”) is entered into as of April 1, 2022, 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 from time to time party hereto listed on Schedule 1 hereto other than Excluded Subsidiaries (as hereinafter defined) (collectively, the “Subsidiary Guarantors” and each, individually, a “Subsidiary Guarantor”; the Subsidiary Guarantors, together with Parent, each a “Guarantor” and collectively, the “Guarantors”), Cantor Fitzgerald Securities (“Cantor”) as administrative agent and collateral agent for the Lenders (“Agent”) and the lenders from time to time party hereto (collectively with the Initial Lenders, the “Lenders” and each, a “Lender”).

SUPPLY AND OFFTAKE AGREEMENT
Supply and Offtake Agreement • May 31st, 2023 • Vertex Energy Inc. • Petroleum refining

SCHEDULE P Forecast of the Target Month End Permitted Feedstock Inventory Volume and Target Month End Renewable Product Volume 115

PLEDGE AND SECURITY AGREEMENT
Pledge and Security Agreement • May 31st, 2023 • Vertex Energy Inc. • Petroleum refining • New York

THIS PLEDGE AND SECURITY AGREEMENT (this “Agreement”), dated as of May 26, 2023, is made between VERTEX RENEWABLES ALABAMA LLC, a Delaware limited liability company (the “Company”), and MACQUARIE ENERGY NORTH AMERICA TRADING INC., a Delaware corporation (the “Secured Party”).

AMENDMENT OF MASTER OFFTAKE AGREEMENT
Vertex Energy Inc. • May 31st, 2023 • Petroleum refining

A Master Offtake Agreement with an Effective Date of February 4, 2022, exists between Vertex Refining Alabama LLC (“Vertex Refining”), and Idemitsu Apollo Renewable Corp., (“Idemitsu”) concerning the sale and purchase of RD100 and Regulatory Credits. Vertex Refining and Idemitsu hereby enter into this Amendment of Master Offtake Agreement (“Amendment”) to change and modify the Master Offtake Agreement (“Master Agreement”) as follows:

VERTEX ENERGY INC. 8-K
Inventory Sales Agreement • May 31st, 2023 • Vertex Energy Inc. • Petroleum refining • New York
AMENDED AND RESTATED INTERCREDITOR AGREEMENT originally dated as of April 1, 2022, and as amended and restated as of May 26, 2023 among CANTOR FITZGERALD SECURITIES, as the Term Loan Agent, MACQUARIE ENERGY NORTH AMERICA TRADING INC., as the...
Intercreditor Agreement • May 31st, 2023 • Vertex Energy Inc. • Petroleum refining • New York

This AMENDED AND RESTATED INTERCREDITOR AGREEMENT (this “Agreement”), originally dated as of April 1, 2022 and amended and restated as of May 26, 2023 by and among Cantor Fitzgerald Securities, as collateral agent (in such capacity, with its successors and assigns, the “Term Loan Agent”) for the Term Loan Secured Parties, Macquarie Energy North America Trading Inc., in its capacity as intermediator under the Intermediation Facility Documents (in such capacity, with its successor and assigns, the “Intermediation Facility Secured Party”), Macquarie Energy North America Trading Inc., in its capacity as intermediator under the Renewables Intermediation Facility Documents (in such capacity, with its successor and assigns, the “Renewables Intermediation Facility Secured Party”), Vertex Refining Alabama LLC, a Delaware limited liability company (the “Company”), Vertex Renewables Alabama LLC, a Delaware limited liability company (“Renewables Company”, together with the Company, the “Grantors”

VERTEX ENERGY INC. 8-K
Agreement • May 31st, 2023 • Vertex Energy Inc. • Petroleum refining
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