UNITED
STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
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| Item 1.01 | Entry into a Material Definitive Agreement. |
On December 8, 2023, Vertex Refining Alabama LLC, a wholly-owned subsidiary of Vertex Energy, Inc. (“Vertex” or the “Company”), and Macquarie Energy North America Trading Inc. (“Macquarie”), entered into Amendment No. 3 to Supply and Offtake Agreement (“Amendment No. 3”). Amendment No. 3 amended that certain April 1, 2022 Supply and Offtake Agreement entered into between Vertex and Macquarie (as amended from time to time, the “Supply and Offtake Agreement”), to, among other things, include a certain additional hydrocarbon storage tank located at the Center Point Chickasaw Terminal, located in Chickasaw, Alabama (the “Product Tanks”) as an Included Product Tank under and as defined in the Supply and Offtake Agreement. The Product Tank has a storage capacity of approximately 120,000 barrels. In connection with Amendment No. 3, the Company entered into certain ancillary agreements with Macquarie and the owners/operator of the Product Tank, providing Macquarie with, among other things, certain storage rights with respect to the Product Tank and related consents and acknowledgments with respect to the Product Tank and Macquarie’s usage of such tanks.
The foregoing description of Amendment No. 3 does not purport to be complete and is qualified in its entirety by reference to the full text of Amendment No. 3, which is filed as Exhibit 10.1 to this Current Report on Form 8-K, and is incorporated into this Item 1.01 by reference in its entirety.
| Item 9.01 | Financial Statements and Exhibits. |
| Exhibit No. | Description | ||
| 10.1*+ | Amendment No. 3 to Supply and Offtake Agreement dated and effective December 8, 2023, between Vertex Refining Alabama LLC and Macquarie Energy North America Trading Inc. | ||
| 104 | Inline XBRL for the cover page of this Current Report on Form 8-K | ||
| * | Filed herewith. |
| + | Certain schedules, annexes and similar attachments have been omitted pursuant to Item 601(a)(5) of Regulation S-K. A copy of any omitted schedule or exhibit will be furnished supplementally to the Securities and Exchange Commission upon request; provided, however that Vertex Energy, Inc. may request confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended, for any schedule or exhibit so furnished. |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| VERTEX ENERGY, INC. | ||
| Date: December 13, 2023 | By: | /s/ Chris Carlson |
| Chris Carlson | ||
| Chief Financial Officer | ||