Item 1.01. Entry into a Material Definitive Agreement.

Amendment to Loan and Security Agreement

Vertex Energy, Inc. (the "Company", "we" and "us") previously filed a Current Report on Form 8-K with the Securities and Exchange Commission (the "SEC" or the "Commission") on April 7, 2022 (as amended by that Form 8-K/A (Amendment No. 1) filed with the SEC on April 26, 2022) disclosing that on April 1, 2022, Vertex Refining Alabama LLC, a Delaware limited liability company ("Vertex Refining") which is indirectly wholly-owned by the Company; the Company, as a guarantor; substantially all of the Company's direct and indirect subsidiaries, as guarantors; the lenders party thereto as lenders; and Cantor Fitzgerald Securities, in its capacity as administrative agent and collateral agent for the lenders ("Agent"), entered into a Loan and Security Agreement. The Company subsequently filed (i) a Current Report on Form 8-K with the SEC on May 27, 2022 disclosing that an amendment to the Loan and Security Agreement was entered into on May 26, 2022; and (ii) a Current Report on Form 8-K with the SEC on October 5, 2022 disclosing that an amendment to the Loan and Security Agreement was entered into on September 30, 2022.

On January 8, 2023, Vertex Refining; the Company, as a guarantor; substantially all of the Company's direct and indirect subsidiaries, as guarantors, Vertex Renewables LLC and Vertex Renewables Alabama LLC, both wholly-owned indirect subsidiaries of the Company (collectively, the "New Subsidiary Guarantors"); the lenders thereto; and the Agent, entered into a third amendment ("Amendment No. Three") to the Loan and Security Agreement (the Loan and Security Agreement, as amended from time to time, the "Loan and Security Agreement").

Amendment No. Three waives and extends certain deadlines and time periods for the Company to provide certain financial information and take other action in connection with the Loan and Security Agreement.

In addition, each of the New Subsidiary Guarantors also entered into a Guarantor Joinder, agreeing to be bound by the terms of the Loan and Security Agreement, and to guaranty the amounts owed thereunder.

The foregoing descriptions of Amendment No. Three and the Guarantor Joinder do not purport to be complete and are qualified in their entirety by reference to the full text of such Amendment No. Three and Guarantor Joinder, which are filed as Exhibits 10.1 and 10.2 to this Current Report on Form 8-K, respectively, and are incorporated into this Item 1.01 by reference in their entirety.

Item 9.01 Financial Statements and Exhibits.





(d) Exhibits.



Exhibit No.   Description



  10.1*       Amendment Number Three to Loan and Security Agreement dated January 8,
            2023, by and among Vertex Refining Alabama LLC, as borrower, Vertex
            Energy, Inc., as parent and as a guarantor, certain direct and indirect
            subsidiaries of Vertex Energy, Inc., as guarantors, the lenders party
            thereto, and Cantor Fitzgerald Securities, as administrative agent and
            collateral agent for the lenders
  10.2*       Form of Guarantor Joinder relating to that certain Loan and Security
            Agreement dated April 1, 2022, as amended from time to time, by and
            among Vertex Refining Alabama LLC, as borrower, Vertex Energy, Inc., as
            parent and as a guarantor, certain direct and indirect subsidiaries of
            Vertex Energy, Inc., as guarantors, the lenders party thereto, and
            Cantor Fitzgerald Securities, as administrative agent and collateral
            agent for the lenders
   104      Inline XBRL for the cover page of this Current Report on Form 8-K

* Filed herewith.

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