Joint Supply And Marketing Agreement
| Expiration Date | 30 April 2029 |
| Parties | Bunker One (USA) Inc. ("Bunker One"), Vertex Energy Operating LLC ("Vertex") |
| Renewal Term | successive 5 years |
| Section | Commercial Contracts |
Vertex Energy, Inc. 8-K
Exhibit 10.1
THE SYMBOL “[****]” DENOTES PLACES WHERE CERTAIN IDENTIFIED
INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i)
NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE
COMPANY IF PUBLICLY DISCLOSED
JOINT SUPPLY AND MARKETING AGREEMENT
This Joint Supply and Marketing Agreement (hereinafter referred to as the ”JSMA") shall be effective as of May 1, 2020 “the Commencement
Date” and is made and entered into this 10th
day of January, 2020 between Bunker One (USA) Inc., with principal offices located at 107 St.
Francis Street, Mobile, AL 36602 (”Bunker One"), and Vertex Energy Operating, LLC, with principal offices located at 1331 Gemini Suite 250,
Houston, TX 77058 ("Vertex"). BUNKER ONE and VERTEX are hereinafter sometimes referred to as a Party or jointly as Parties.
WHEREAS:
A. Vertex currently owns a production facility in Marrero, LA which has the capacity to produce 100,000 bbls/mo. +/- 10 % of a
feedstock/product (the “Output”) that can be consumed as bunker suitable fuel for offshore use and use as a marine vessel's
propulsion system. See Appendix A for qualities of the feedstock/product (the “Product”).
B. Bunker One being a physical supplier of bunker fuel having blending expertise being able to utilize the Product together with
associated physical assets for storage and transportation, leased and owned real property, tangible and intangible personal property,
personnel, intellectual prop- erty and know-how (collectively the “Bunkering Business”).
C. Pursuant to the terms of a Co-operation Agreement that went into effect on October 15, 2017 (the “Original COOA”), which
addressed the sourcing, storing, transportation, marketing and selling of the Product in the states of Louisiana and Texas, Vertex agreed
to sell, and Bunker One agreed to purchase, the Output (as defined in the above) each month. By virtue of entering into this JSMA the
Parties intend to continue the activities previously conducted pursuant to the Original COOA and expand thereon as more particularly
hereinbelow set forth.
D. The overall objective of the Original COOA was to give the Parties the opportunity to further expand their business by co-operating
in the sourcing, storing, transportation, marketing and selling of the Product in and around Louisiana and Texas, where
(i) Vertex was primarily responsible for the sourcing and storing of the feedstock Product,
(ii) Bunker One was primarily responsible for the transporting, blending, marketing, selling and delivering of the Product,
(iii) Bunker One was responsible for the risk management/exposure (e.g. hedging) of the bunker fuels, and
(iv) Bunker One was the exclusive seller of the Product to third parties.
E. The Parties wish to amend and restate the Original COOA as a JSMA to extend the term, provide for the inclusion of new and existing
businesses and territories not previously included in the Original COOA, and to address certain governance issues, all as more
particularly hereinbelow provided.
Source: VERTEX ENERGY INC., 8-K, 1/13/2020
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