UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT
ISSUES, AND THEREFORE IT HEREBY
53
IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY
IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING
TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
(c) EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (i) NO REPRESENTATIVE,
AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE,
THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE
EITHER OF THE FOREGOING WAIVERS, (ii) IT UNDERSTANDS AND HAS CONSIDERED THE
IMPLICATIONS OF SUCH WAIVERS, (iii) IT MAKES SUCH WAIVERS VOLUNTARILY, AND
(iv) IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS,
THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 13.18.
[SIGNATURE PAGE FOLLOWS]
54
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
APEX OIL COMPANY, INC.
By:
/s/Douglass D. Hommert
Name: Douglass D. Hommert
Title: Executive Vice
President
EDGINGTON OIL COMPANY
By:
/s/Douglass D. Hommert
Name: Douglass D. Hommert
Title: Executive Vice
President
ALON USA ENERGY, INC.
By:
/s/ David Wiessman
Name: David Wiessman
Title: Executive Chairman
By:
/s/Jeff D. Morris
Name: Jeff D. Morris
Title: President and CEO
EOC ACQUISITION, LLC
By:
/s/ Jeffrey S. Towers
Name: Jeffery S. Towers
Title: Vice President of Typex
Acquisitions, Inc.
Managing Member