Delaware | 001-13270 | 90-0023731 |
(State or Other Jurisdiction of | (Commission | (IRS Employer |
Incorporation) | File Number) | Identification No.) |
Title of each class | Trading Symbol(s) | Name of each exchange on which registered | ||
Common Stock, $0.0001 par value | FTK | New York Stock Exchange |
Exhibit Number | Description____________________________________________________________________ | |
10.1 | Amendment to Supply Agreement between Flotek Chemistry, LLC and Florida Chemical Company, LLC dated February 26, 2020. Portions of this exhibit have been omitted pursuant to Item 601(b)(10) of Regulation S-K in order for them to remain confidential. | |
Date: March 2, 2020 | /s/ Nicholas J. Bigney | |||
Name: | Nicholas J. Bigney | |||
Title: | Senior Vice President, General Counsel & Corporate Secretary |
1. | Amendment. |
a. | Section 1 of the Agreement (“Definitions”) is amended as follows: |
b. | Section 4 of the Agreement (“Price”) is amended to add the following sentence at the end thereof: |
c. | Section 6 of the Agreement (“Orders; Delivery”) is amended to add the following at the end thereof: |
d. | Section 6(a) of the Agreement is amended to delete the phrase, “[***] pounds” and to replace such phrase with, “[***] pounds.” |
e. | Section 6(c) of the Agreement is deleted and replaced by the following: |
2. | Payment. In consideration of the foregoing amendments, Flotek shall pay to FCC an amount equal to $15,750,000 (the “Payment”) to the following bank account: |
3. | Effectiveness. The provisions in Section 1 of this Amendment shall become effective on the later of (a) the date executed and delivered by both parties and (b) the date on which Flotek makes the Payment to FCC. |
4. | Miscellaneous. Except as provided herein, all other terms and conditions of the Agreement remain unchanged and in full force and effect. This Amendment may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered is deemed an original, but all such counterparts together constitute one and the same Amendment. The parties agree that execution of this Amendment by exchanging facsimile or PDF signatures has the same legal force and effect as the exchange of original signatures. |
Flotek Chemistry, LLC | Florida Chemical Company, LLC |
By: /s/John W. Gibson, Jr. | By: /s/Joshua A. Snively |
(signature) | (signature) |
Name: John W. Gibson, Jr | Name: Joshua A. Snively |
(printed name) | (printed name) |