AMENDMENT NO. 1 TO CRUDE OIL SUPPLY AGREEMENT
Exhibit 10.1
AMENDMENT NO. 1 TO CRUDE OIL SUPPLY AGREEMENT
THIS AMENDMENT NO. 1 TO CRUDE OIL SUPPLY AGREEMENT (the “Amendment”), dated as of September
30, 2009 but effective as of September 1, 2009 (the “Amendment Effective Date”), is made by and
between CALUMET SHREVEPORT FUELS, LLC, an Indiana limited liability company (“Customer”), and
LEGACY RESOURCES CO., L.P., an Indiana limited partnership (“Supplier”). Each of Customer and
Supplier is sometimes referred to hereinafter individually as a “Party” and they are collectively
referred to as the “Parties.”
RECITALS
WHEREAS, Customer owns and operates a refinery in Shreveport, Louisiana (the “Refinery”) for
the processing and refining of crude oil into specialty lubricating oils and other refined
products;
WHEREAS, Supplier is able to obtain certain commodities, including crude oil, from various
supply sources; and
WHEREAS, the Parties entered into that certain Crude Oil Supply Agreement (the “Agreement”)
dated as of September 1, 2009, whereby Customer agreed to purchase from Supplier, and Supplier
agreed to sell and supply to Customer, crude oil on a just in time basis in order to meet the
inventory requirements of the Refinery.
WHEREAS, pursuant to Section 23 of the Agreement, the Parties desire to amend certain
provisions of the Agreement as of the Amendment Effective Date.
AMENDMENT TO AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the agreements contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties, intending to be legally bound, do hereby agree to amend the
Agreement as of the Amendment Effective Date as follows:
1. Defined Terms. The definitions of the following capitalized terms used in the
Agreement are deleted and replaced in their entirety with the following definitions:
“Xxxxx Station Tanks” means Customer’s storage tanks located at Xxxxx Station,
Louisiana, which tanks are more specifically identified by serial number on Amendment
No. 1 Exhibit B attached hereto.
”Site Tanks” means Customer’s storage tanks located at the site of the Refinery, which
tanks are more specifically identified by serial number on Amendment No. 1 Exhibit B
attached hereto.
2. All other terms and conditions of the Agreement are unchanged and remain in full force and
effect as of the Amendment Effective Date.
[Signature Page Follows]
Calumet Shreveport Legacy Crude Oil Supply Agreement
Amendment No. 1 Execution Copy
Amendment No. 1 Execution Copy
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first above
written, but effective as of September 1, 2009.
CALUMET SHREVEPORT FUELS, LLC |
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By: | Calumet Shreveport, LLC, its sole member | |||
By: | Calumet Lubricants Co., L.P., its sole member | |||
By: | Calumet LP GP, LLC, its general partner | |||
By: | Calumet Operating, LLC, its sole member | |||
By: | Calumet Specialty Products Partners, L.P., its sole member | |||
By: | Calumet GP, LLC, its general partner | |||
By: | /s/ R. Xxxxxxx Xxxxxx, II | |||
Name: | R. Xxxxxxx Xxxxxx, II | |||
Title: | Vice President and Chief Financial Officer | |||
LEGACY RESOURCES CO., L.P. |
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By: | Legacy Acquisitions, Inc., its general partner | |||
By: | /s/ Xxxx X. Xxxxx | |||
Name: | Xxxx X. Xxxxx | |||
Title: | President |
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AMENDMENT NO. 1 EXHIBIT B
Site Tanks located at Customer’s Shreveport, LA refinery:
1. | Tank 60 | ||
2. | Tank 175 |
Storage Tanks located at Xxxxx Station, LA:
1. | Tank 209 | ||
2. | Tank 210 | ||
3. | Tank 211 |