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 May 17, 2024, Vertex Refining Alabama LLC (“Vertex Refining”), a wholly-owned subsidiary of Vertex Energy, Inc. (the “Company”, “we” and “us”), Macquarie Energy North America Trading Inc. (“Macquarie”), the Company and Vertex Renewables Alabama LLC, the Company’s wholly-owned subsidiary (“Vertex Renewables”), entered into Amendment No. 4 to Supply and Offtake Agreement (“Amendment No. 4”).
Amendment No. 4 amended that certain April 1, 2022 Supply and Offtake Agreement entered into between Vertex Refining and Macquarie (as amended from time to time, the “Supply and Offtake Agreement”), to, among other things, modify certain offtake agreements subject to the Supply and Offtake Agreement terms and amend certain of the fees payable to Macquarie in connection therewith. The Company and Vertex Renewables were party to Amendment No. 4 solely for the purposes of confirming the terms thereof in connection with a guaranty in favor of Macquarie, whereby each of such parties agreed to guaranty the obligations of Vertex Refining under the Supply and Offtake Agreement.
The foregoing description of Amendment No. 4 does not purport to be complete and is qualified in its entirety by reference to the full text of Amendment No. 4, 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. 4 to Supply and Offtake Agreement dated and effective May 17, 2024, between Vertex Refining Alabama LLC, Vertex Energy, Inc., Vertex Renewables 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 confidential portions of this Exhibit were omitted by means of marking such portions with brackets (“[***]”) because the identified confidential portions (i) are not material and (ii) the Company customarily and actually treats that information as private or confidential.
+ 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: May 22, 2024 | By: | /s/ Chris Carlson | |
| Chris Carlson | |||
| Chief Financial Officer | |||