AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • November 13th, 2006 • Western Refining, Inc. • Petroleum refining • Delaware
This AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER (this “Amendment”), dated as of November 12, 2006 (the “Amendment Effective Date”), is among WESTERN REFINING, INC., a Delaware corporation (“Parent”), NEW ACQUISITION CORPORATION, a Delaware corporation and a direct and wholly-owned subsidiary of Parent (“Merger Sub”), and GIANT INDUSTRIES, INC., a Delaware corporation (the “Company”). Capitalized terms used but not defined in this Amendment shall have the same meanings as set forth in the Original Merger Agreement (as defined below).
AMENDMENT NO. 1 TO CONSULTING AND NON-COMPETITION AGREEMENTConsulting and Non-Competition Agreement • November 13th, 2006 • Western Refining, Inc. • Petroleum refining • Arizona
This AMENDMENT NO. 1 TO CONSULTING AND NON-COMPETITION AGREEMENT (this “Amendment”), dated November 12, 2006, is made by and between Western Refining, Inc., a Delaware corporation (the “Company”), and Fred L. Holliger (“Consultant”). Capitalized terms used but not defined in this Amendment shall have the same meanings therefore as set forth in the Consulting Agreement (as defined below).
