GUARANTY between VERTEX ENERGY, INC. and MACQUARIE ENERGY NORTH AMERICA TRADING INC. dated as of April 1, 2022Guaranty • April 7th, 2022 • Vertex Energy Inc. • Petroleum refining • New York
This GUARANTY (this “Agreement”), dated as of April 1, 2022 is made by and among VERTEX ENERGY, INC., a Nevada corporation (the “Guarantor”) and MACQUARIE ENERGY NORTH AMERICA TRADING INC., a Delaware corporation (“Macquarie”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 7th, 2022 • Vertex Energy Inc. • Petroleum refining • North Carolina
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 7th, 2022 • Vertex Energy Inc. • Petroleum refining • New York
THIS REGISTRATION RIGHTS AGREEMENT (as amended from time to time in accordance with the terms hereof, this “Agreement”), dated as of April 1, 2022, is made and entered into by and among Vertex Energy Inc., a Nevada corporation (the “Company”), and each of the undersigned entities (together with any person or entity who hereafter becomes a party to this Agreement pursuant to Section 5.2 of this Agreement, a “Holder” and collectively the “Holders”).
WARRANT AGREEMENTWarrant Agreement • April 7th, 2022 • Vertex Energy Inc. • Petroleum refining • New York
THIS WARRANT AGREEMENT (as amended from time to time in accordance with the terms hereof, this “Agreement”), dated as of April 1, 2022, is by and between Vertex Energy Inc., a Nevada corporation (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (together with its successors and assigns, the “Warrant Agent”).
ASSIGNMENT AND ASSUMPTION OF CONTRACTAssignment and Assumption of Contract • April 7th, 2022 • Vertex Energy Inc. • Petroleum refining
This Assignment and Assumption of Contract (the "Assignment") is made and effective April 1, 2022, by and between Vertex Energy Operating LLC (the "Assignor") and Vertex Refining Alabama LLC ("Assignee"). Assignor and Assignee are each a "Party" and collectively the "Parties" hereto.
INVENTORY SALES AGREEMENTInventory Sales Agreement • April 7th, 2022 • Vertex Energy Inc. • Petroleum refining • New York
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • April 7th, 2022 • Vertex Energy Inc. • Petroleum refining • New York
THIS PLEDGE AND SECURITY AGREEMENT (this “Agreement”), dated as of April 1, 2022, is made between VERTEX ALABAMA REFINING LLC, a Delaware limited liability company (the “Company”), and MACQUARIE ENERGY NORTH AMERICA TRADING INC., a Delaware corporation (“Secured Party”).
COLLATERAL PLEDGE AGREEMENTCollateral Pledge Agreement • April 7th, 2022 • Vertex Energy Inc. • Petroleum refining
This COLLATERAL PLEDGE AGREEMENT (as the same may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Pledge Agreement”), dated as of April 1, 2022, is made 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 (collectively, the “Subsidiary Guarantors”; the Subsidiary Guarantors, Parent, Borrower and together with any other Person that signs below as a “Pledgor” and joins this Pledge Agreement as a Pledgor in accordance with Section 25, collectively, the “Pledgors” and each a “Pledgor”) and Cantor Fitzgerald Securities, in its capacity as collateral agent for the Secured Parties (in such capacity, together with its successors in such capacity, the “Agent”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • April 7th, 2022 • Vertex Energy Inc. • Petroleum refining • New York
This INTERCREDITOR AGREEMENT (this “Agreement”) dated as of April 1, 2022 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 Representative”), Vertex Refining Alabama LLC, a Delaware limited liability company (the “Company”), and each of the other Grantors from time to time party hereto.
Intellectual Property Security AgreementSecurity Agreement • April 7th, 2022 • Vertex Energy Inc. • Petroleum refining
This Intellectual Property Security Agreement is made as of April 1, 2022 (this “IP Security Agreement”), by and between Vertex Energy Operating, LLC, a Texas limited liability company (“Grantor”), and Cantor Fitzgerald Securities, as administrative and collateral agent for Lenders (as defined below) (in such capacities, the “Agent”).
