INTERCREDITOR AGREEMENTIntercreditor Agreement • March 31st, 2015 • Vertex Energy Inc. • Petroleum refining • New York
Intercreditor Agreement (this “Agreement”), dated as of ____________________, 2015, among MIDCAP BUSINESS CREDIT LLC, a Texas limited liability company (with its successors and assigns, and as more specifically defined below, the “Revolving Lender”), GOLDMAN SACHS BANK USA, as administrative agent and collateral agent (in such capacity, with its successors and assigns, and as more specifically defined below, the “Term Loan Administrative Agent”) for the benefit of the Term Loan Secured Parties (as defined below), and each of the Loan Parties (as defined below) party hereto.
SECOND AMENDMENT TO CREDIT AND GUARANTY AGREEMENTCredit and Guaranty Agreement • March 31st, 2015 • Vertex Energy Inc. • Petroleum refining • New York
THIS SECOND AMENDMENT TO CREDIT AND GUARANTY AGREEMENT (this “Amendment”) is entered into as of March 26, 2015, by and among VERTEX ENERGY OPERATING, LLC., a Texas limited liability company (“Company”), VERTEX ENERGY, INC., a Nevada corporation (“Holdings”), the other Credit Parties signatory hereto, the Lenders signatory hereto and GOLDMAN SACHS BANK USA, as Administrative Agent for the Lenders (in such capacity, “Administrative Agent”) and as Collateral Agent for the Lenders (in such capacity, “Collateral Agent”).
Vertex Energy, Inc. Common Stock Purchase WarrantVertex Energy Inc. • March 31st, 2015 • Petroleum refining • New York
This Warrant is issued in connection with that certain Second Amendment to Credit and Guaranty Agreement, dated as of March 26, 2015, by and among the Company, certain of its Subsidiaries and Affiliates, the Purchasers named therein, and Goldman Sachs Bank USA, as administrative agent and collateral agent (as amended, restated or otherwise modified from time to time, the “Credit Agreement”). Certain capitalized terms used herein are defined in Section 13. All capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Credit Agreement.
