Contract2016 Phantom Stock Award Agreement • June 23rd, 2016 • Western Refining, Inc. • Petroleum refining • Texas
This 2016 Phantom Stock Award (the “Award”) is made as of the day of , 2016 (the “Grant Date”) between Western Refining, Inc., a Delaware corporation (the “Company”) and (“Participant”) under the Northern Tier Energy LP (“NTI”) Amended and Restated 2012 Long Term Incentive Plan (the “Plan”). On December 21, 2015, the Company, Western Acquisition Co, LLC (“MergerCo”), an indirect wholly-owned subsidiary of the Company, NTI and Northern Tier Energy GP LLC, (who is also an indirect wholly-owned subsidiary of the Company), entered into an agreement and plan of merger (as such agreement may be amended from time to time, (the “Merger Agreement”). Pursuant to the Merger Agreement, MergerCo merged with and into NTI (the “Merger”), with NTI surviving the Merger as an indirect wholly-owned subsidiary of the Company. In connection with the Merger, any outstanding time-based [phantom unit][restricted unit] awards that the Participant held as of the effective time of the Merger (the “Terminated Awa
