A. GENERAL INSTRUCTIONS
IF YOU PURCHASED OR OTHERWISE ACQUIRED VERTEX ENERGY, INC. (“VERTEX”) COMMON
STOCK DURING THE PERIOD FROM MAY 10, 2022, THROUGH AUGUST 8, 2022, INCLUSIVE
(“SETTLEMENT CLASS PERIOD”), YOU ARE A “SETTLEMENT CLASS MEMBER” AND YOU MAY BE
ENTITLED TO SHARE IN THE SETTLEMENT PROCEEDS. (EXCLUDED FROM THE CLASS ARE: (I)
INDIVIDUAL DEFENDANTS; (II) THE OFFICERS AND DIRECTORS OF VERTEX AND ITS AFFILIATES
AND SUBSIDIARIES; (III) MEMBERS OF THE OFFICERS’ AND DIRECTORS’ IMMEDIATE FAMILIES
AND THEIR LEGAL REPRESENTATIVES, HEIRS, SUCCESSORS OR ASSIGNS; (IV) ANY ENTITY IN
WHICH INDIVIDUAL DEFENDANTS HAVE OR HAD A CONTROLLING INTEREST; AND (V) OPT-OUTS.
IF YOU ARE A SETTLEMENT CLASS MEMBER, YOU MUST COMPLETE AND SUBMIT THIS FORM IN
ORDER TO BE ELIGIBLE FOR ANY SETTLEMENT BENEFITS.
YOU MUST COMPLETE AND SIGN THIS PROOF OF CLAIM AND RELEASE FORM (“PROOF OF
CLAIM”) AND EITHER SUBMIT IT ELECTRONICALLY AT WWW.STRATEGICCLAIMS.NET/VERTEX
BY 11:59 P.M. ET ON JUNE 20, 2025, OR MAIL IT BY FIRST CLASS MAIL, POSTMARKED NO LATER
THAN JUNE 20, 2025, TO STRATEGIC CLAIMS SERVICES, THE CLAIMS ADMINISTRATOR, AT THE
FOLLOWING ADDRESS:
Vertex Energy Securities Litigation
c/o Strategic Claims Services
P.O. Box 230
600 N. Jackson Street, Suite 205
Media, PA 19063
info@strategicclaims.net
866-274-4004
YOUR FAILURE TO SUBMIT YOUR CLAIM BY JUNE 20, 2025 WILL SUBJECT YOUR CLAIM TO
REJECTION AND PRECLUDE YOU FROM RECEIVING ANY MONEY IN CONNECTION WITH THE
SETTLEMENT OF THE CONSOLIDATED ACTIONS. DO NOT MAIL OR DELIVER YOUR CLAIM TO THE
COURT OR TO ANY OF THE PARTIES OR THEIR COUNSEL, AS ANY SUCH CLAIM WILL BE DEEMED
NOT TO HAVE BEEN SUBMITTED. SUBMIT YOUR CLAIM ONLY TO THE CLAIMS ADMINISTRATOR.
IF YOU ARE A SETTLEMENT CLASS MEMBER AND DO NOT SUBMIT A PROPER PROOF OF CLAIM,
YOU WILL NOT SHARE IN THE SETTLEMENT, BUT YOU NEVERTHELESS WILL BE BOUND BY THE
ORDER AND FINAL JUDGMENT OF THE COURT UNLESS YOU EXCLUDE YOURSELF.
SUBMISSION OF A PROOF OF CLAIM DOES NOT ASSURE THAT YOU WILL SHARE IN THE PROCEEDS
OF THE SETTLEMENT.
B. CLAIMANT'S STATEMENT
1. I (we) purchased or acquired Vertex common stock during the Settlement Class Period. (Do not submit this
Proof of Claim if you did not purchase Vertex common stock during the Settlement Class Period.)
2. By submitting this Proof of Claim, I (we) state that I (we) believe in good faith that I am (we are) a Settlement
Class Member(s) as defined above and in the Notice of (I) Pendency of Class Action and Proposed Settlement, (II) Settlement Hearing, and (III) Motion for Attorneys' Fees and Litigation Expenses and Proof of Claim and Release Form, or
am (are) acting for such person(s); that I am (we are) not a Defendant(s) in the Consolidated Actions or anyone
excluded from the Settlement Class; that I (we) have read and understand the Long Notice; that I (we) believe
that I am (we are) entitled to receive a share of the Net Settlement Fund, as defined in the Long Notice; that I
(we) elect to participate in the proposed Settlement described in the Long Notice; and that I (we) have not filed
a request for exclusion. (If you are acting in a representative capacity on behalf of a Settlement Class Member
[e.g., as an executor, administrator, trustee, or other representative], you must submit evidence of your current
authority to act on behalf of that Settlement Class Member. Such evidence would include, for example, letters
testamentary, letters of administration, or a copy of the trust documents.)
3. I (we) consent to the jurisdiction of the Court with respect to all questions concerning the validity of this Proof of Claim. I (we) understand and agree that my (our) claim may be subject to investigation and discovery under
the Federal Rules of Civil Procedure, provided that such investigation and discovery shall be limited to my
(our) status as a Settlement Class Member(s) and the validity and amount of my (our) claim. No discovery shall
be allowed on the merits of the Consolidated Actions or Settlement in connection with processing of the Proof
of Claim.
4. I (we) have set forth where requested below all relevant information with respect to each purchase or acquisition of Vertex common stock during the time period requested below, and each sale, if any, of such common stock.
I (we) agree to furnish additional information to the Claims Administrator to support this claim if requested to
do so.
5. I (we) have enclosed photocopies of the stockbroker’s confirmation slips, stockbroker’s statements, or other
documents evidencing each purchase or acquisition and sale of Vertex common stock listed below in support
of my (our) claim. (IF ANY SUCH DOCUMENTS ARE NOT IN YOUR POSSESSION, PLEASE OBTAIN
A COPY OR EQUIVALENT DOCUMENTS FROM YOUR BROKER OR TAX ADVISOR BECAUSE
THESE DOCUMENTS ARE NECESSARY TO PROVE AND PROCESS YOUR CLAIM.)/p>
6. I (we) understand that the information contained in this Proof of Claim is subject to such verification as the
Claims Administrator may request or as the Court may direct, and I (we) agree to cooperate in any such
verification. (The information requested herein is designed to provide the minimum amount of information
necessary to process most simple claims. The Claims Administrator may request additional information as
required to efficiently and reliably calculate your Recognized Loss. In some cases, the Claims Administrator
may condition acceptance of the claim based upon the production of additional information, including, where
applicable, information concerning transactions in any derivatives securities such as options.)
7. Upon the occurrence of the Court’s approval of the Settlement, as detailed in the Long Notice, I (we) agree and acknowledge that my (our) signature(s) hereto shall effect and constitute a full and complete release, remise
and discharge by me (us) and my (our) heirs, joint tenants, tenants in common, beneficiaries, executors,
administrators, predecessors, successors, attorneys, insurers and assigns (or, if I am (we are) submitting this
Proof of Claim on behalf of a corporation, a partnership, estate or one or more other persons, by it, him, her or
them, and by its, his, her or their heirs, executors, administrators, predecessors, successors, and assigns) of each
of the “Released Parties” of all “Released Claims.”
8. Upon the occurrence of the Court’s approval of the Settlement, as detailed in the Long Notice, I (we) agree and acknowledge that my (our) signature(s) hereto shall effect and constitute a covenant by me (us) and my (our)
heirs, joint tenants, tenants in common, beneficiaries, executors, administrators, predecessors, successors, attorneys, insurers and assigns (or, if I am (we are) submitting this Proof of Claim on behalf of a corporation, a partnership, estate or one or more other persons, by it, him, her or them, and by its, his, her or their heirs, executors, administrators, predecessors, successors, and assigns) to permanently refrain from prosecuting or attempting to prosecute any Released Claims against any of the Released Parties.
9. “Released Parties” means Vertex Energy, Inc., Benjamin Cowart, and Chris Carlson. and each and all of their
Related Parties, including all of Vertex Energy Inc.’s, and its subsidiaries’ and affiliates’, current and former
officers, directors, and employees.
10. “Released Claims” means and includes any and all Claims and Unknown Claims, whether arising under federal,
state, common, or foreign law, that Plaintiffs or any other member of the Settlement Class asserted or could
have asserted in any forum that arise out of or are based upon the allegations, transactions, facts, matters or
occurrences, representations or omissions referred to in the operative complaint in the Consolidated Actions.
Notwithstanding the foregoing, “Released Claims” does not include claims to enforce the terms of the
Stipulation or orders or judgments issued by the Court in connection with this Settlement.
11. “Unknown Claims” means all Claims of every nature and description which Plaintiffs or any Settlement Class
Member does not know or suspect to exist in his, her, or its favor at the time of the release of the Released
Parties which, if known by him, her, or it, might have affected his, her, or its settlement with and release of the
Released Parties, or might have affected his, her, or its decision not to opt-out or object to this Settlement.
12. I (We) acknowledge that the inclusion of “Unknown Claims” in the definition of claims released pursuant to
the Stipulation was separately bargained for and is a material element of the Settlement, of which this release
is a part.
13. NOTICE REGARDING INSTITUTIONAL FILERS: Representatives with authority to file on behalf of (a)
accounts of multiple Settlement Class Members and/or (b) institutional accounts with large numbers of
transactions (“Representative Filers”) must submit information regarding their transactions in an electronic
spreadsheet format. (This is different than the online claim portal on the Settlement website.) If you are a
Representative Filer, you must contact the Claims Administrator at efile@strategicclaims or visit their
website at www.strategicclaims.net to obtain the required file layout. Claims which are not submitted in
electronic spreadsheet format and in accordance with the Claims Administrator’s instructions may be subject
to rejection. All Representative Filers MUST also submit a manually signed Proof of Claim, as well as proof
of authority to file (see Item 2 of the Claimant’s Statement), along with the electronic spreadsheet format.
Claims should be combined on a legal entity basis, where applicable. Sub-accounts should be rolled up into a
parent account if the sub-accounts contain the same tax identification number. No claims submitted in
electronic spreadsheet format will be considered to have been properly submitted unless the Claims
Administrator issues to the Claimant a written acknowledgment of receipt and acceptance of electronically
submitted data.
14. NOTICE REGARDING ONLINE FILING: Claimants who are not Representative Filers may submit their
claims online using the electronic version of the Proof of Claim hosted at www.strategicclaims.net/Vertex. If
you are not acting as a Representative Filer, you do not need to contact the Claims Administrator prior to filing;
you will receive an automated e-mail confirming receipt once your Proof of Claim has been submitted. If you
are unsure if you should submit your claim as a Representative Filer, please contact the Claims Administrator
at info@strategicclaims.net or (866) 274-4004. If you are not a Representative Filer, but your claim contains a large number of transactions, the Claims Administrator may request that you also submit an electronic
spreadsheet showing your transactions to accompany your Proof of Claim.