0000950123-09-059342 Sample Contracts

DENOTES CONFIDENTIAL MATERIALS OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FIRST AMENDMENT TO EARNOUT AGREEMENT

Earnout Agreement • November 6th, 2009 • Alon USA Energy, Inc. • Petroleum refining

• Contract Type
  Earnout Agreement
• Filed
  November 6th, 2009
• Company
  Alon USA Energy, Inc.
• Industry
  Petroleum refining

This First Amendment to Earnout Agreement (this “Amendment”) is entered into effective as of August 27, 2009 (the “Amendment Effective Date”), by and between VALERO REFINING AND MARKETING COMPANY, a Delaware corporation (“Seller”) and ALON REFINING KROTZ SPRINGS, INC., a Delaware corporation (“Buyer”).