EXHIBIT 10.1 SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (the "Second Amendment"), made and entered into as of the 29th day of August, 2003, by and between Streicher Mobile Fueling, Inc., a...Loan and Security Agreement • November 14th, 2003 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
1 EXHIBIT 4.4 WARRANT AGREEMENT Agreement made as of October __, 1996, between Streicher Mobile Fueling, Inc., a Florida corporation, with offices at 2720 Northwest 55th Court, Ft. Lauderdale, Florida 33309 ("Company"), and American Stock Transfer &...Warrant Agreement • October 28th, 1996 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • New York
EXHIBIT 10.1 SECURITIES PURCHASE AGREEMENT THIS SECURITIES PURCHASE AGREEMENT (this "AGREEMENT") is made and entered into as of the 25th day of January, 2005, between Streicher Mobile Fueling, Inc., a Florida corporation (the "COMPANY") and the...Securities Purchase Agreement • January 31st, 2005 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
One Million (1,000,000) Shares of Class A Common Stock and One Million (1,000,000) Redeemable Common Stock Purchase Warrants of STREICHER MOBILE FUEL, INC.Underwriting Agreement • October 21st, 1996 • Streicher Moblie Fueling Inc
EXHIBIT 10.8 SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT ------------------------------------------------------- THIS SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT is made and entered into effective as of the 30th day of April,...Loan Agreement • May 16th, 2001 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations)
WITNESSETH:Executive Employment Agreement • October 28th, 1996 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
EXHIBIT 10.3 LOAN AGREEMENT THIS LOAN AGREEMENT is made and entered into as of the 30th day of December, 1997, by and between STRETCHER MOBILE FUELING, INC., a Florida corporation ("Stretcher Mobile"), STRETCHER REALTY, INC., a Florida corporation,...Loan Agreement • May 1st, 1998 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
EXHIBIT 10.1 CONSULTING AGREEMENT THIS CONSULTING AGREEMENT ("Contract") made as of this 10th day of May 1999, by and between STREICHER MOBILE FUELING, INC. (the "Company"), a Florida corporation having offices at 2720 N.W. 55th Court, Fort...Consulting Agreement • February 23rd, 2000 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
EXHIBIT 10.3 FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT THIS FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT is made and entered into as of the 22nd day of December, 1999 (this "Amendment"), by and between STREICHER MOBILE FUELING,...Loan Agreement • May 16th, 2000 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
Agreement ---------Employment Agreement • May 16th, 2001 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
WITNESSETH:Loan Agreement • May 3rd, 1999 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations)
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 6th, 2003 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
INDENTUREIndenture • January 31st, 2005 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
BY AND AMONG STREICHER MOBILE FUELING, INC. (PARENT), SMF SERVICES, INC. (BUYER), SHANK C & E INVESTMENTS, L.L.C. (THE COMPANY) AND JERRY C. SHANKLIN AND CLAUDETTE SHANKLIN (MEMBERS)Asset Purchase Agreement • January 31st, 2005 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
WITNESSETH:Loan Agreement • May 3rd, 1999 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations)
EXHIBIT 10.15 SECURITY AGREEMENT THIS SECURITY AGREEMENT (this "SECURITY AGREEMENT") dated August 29, 2003 is entered into by and between Streicher Mobile Fueling, Inc. ("Company"), a Florida corporation having its principal place of business at 800...Security Agreement • October 6th, 2003 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
EXHIBIT 10.6 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is dated as of July 7, 1997, by and between Streicher Mobile Fueling, Inc., a Florida Corporation, with principal offices at 2720 N.W. 55 Court, Fort Lauderdale, Florida 33309...Employment Agreement • May 3rd, 1999 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
PAYMENT AND EXCHANGE AGREEMENTPayment and Exchange Agreement • July 6th, 2009 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS PAYMENT AND EXCHANGE AGREEMENT (this “Agreement”) is between SMF Energy Corporation, a Delaware corporation (“Company”), and the undersigned holder (“Purchaser” and, together with Company, the “Parties”) of Company’s August 8, 2007 11½% senior secured convertible promissory note (the “Note”) and shall be effective on the date it is accepted by Company as noted on the signature page hereto (the “Effective Date”).
EXCHANGE AGREEMENTExchange Agreement • July 6th, 2009 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 8th, 2008 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of the 2nd day of September, 2008, between SMF Energy Corporation, a Delaware corporation (“Company”), and the undersigned (“Purchaser” and, together with Company, the “Parties”).
SUBORDINATION AGREEMENTSubordination Agreement • September 8th, 2008 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Delaware
THIS SUBORDINATION AGREEMENT executed effective as of the 2nd day of September 2008, by and between [________________] (“Loan Holder”), Wachovia Bank, National Association (“Lender”), SMF Energy Corporation, a Delaware corporation (“SMF”), H & W Petroleum Company, Inc. (“H & W”) and SMF Services, Inc. (“SSI”) (SMF, H & W and SSI are referred to collectively as “Borrower”).
CONGRESS FINANCIAL CORPORATION (FLORIDA) as Lender andLoan and Security Agreement • September 30th, 2002 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 20th, 2007 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of the 1st day of August, 2007, between SMF Energy Corporation, a Delaware corporation (the “Company”), and the investors listed on Attachment A hereto (each, a “Purchaser” and collectively, the “Purchasers” and, together with the Company, the “Parties”) and is delivered and executed in connection with the Company’s sale of Units (as defined below).
EXCHANGE AGREEMENTExchange Agreement • March 14th, 2008 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS EXCHANGE AGREEMENT (this “Agreement”) is made and entered into as of the 10th day of March, 2008, between SMF Energy Corporation, a Delaware corporation (“Company”), and the undersigned (“Purchaser” and, together with Company, the “Parties”).
ELEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 2nd, 2007 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS ELEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is made and entered into as of October 31, 2007, by and among SMF Energy Corporation, a Delaware corporation and successor-by-merger to Streicher Mobile Fueling, Inc., a Florida corporation ("SMF"); SMF Services, Inc., a Delaware corporation ("SSI"); H & W Petroleum Company, Inc., a Texas corporation ("H & W" and, collectively with SMF and SSI, "Borrower"); and Wachovia Bank, National Association, a national banking association and successor-by-merger to Congress Financial Corporation (Florida) ("Lender").
SECURITY AGREEMENTSecurity Agreement • August 14th, 2007 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations)
THIS SECURITY AGREEMENT (this “Security Agreement”) dated August 8, 2007 is entered into by and between SMF Energy Corporation (“SMF”), a Delaware corporation having its principal place of business at 200 W. Cypress Creek Road, Suite 400, Fort Lauderdale, Florida 33309, H & W Petroleum Company, Inc. (“H & W”) and SMF Services, Inc. (“SSI”), both wholly owned subsidiaries of SMF having their principal place of business at 200 W. Cypress Creek Road, Suite 400, Fort Lauderdale, Florida 33309 and American National Bank, a bank located at 3033 East 1st Avenue, Denver, Colorado 80206 (the “Trustee”), as indenture trustee for the holders (the “Holders”) of SMF’s 11½% Senior Secured Convertible Notes due December 31, 2009 (the “Notes”) pursuant to an indenture between Company and Trustee of even date herewith (the “Indenture”). SMF, H & W and SSI taken together are referred to herein as “Company.”
ASSUMPTION AGREEMENT AND EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 21st, 2007 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS ASSUMPTION AGREEMENT AND EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (the "Eighth Amendment"), made and entered into as of the 14th day of February, 2007, by and among SMF Energy Corporation, a Delaware corporation (hereinafter referred to as "SMF"), successor by merger to Streicher Mobile Fueling, Inc., a Florida corporation, SMF Services, Inc., a Delaware corporation (hereinafter referred to as "SSI"), H & W Petroleum Company, Inc., a Texas corporation (hereinafter referred to as "H & W" and, collectively with SMF and SSI, as "Borrower") and Wachovia Bank, National Association, successor by merger to Congress Financial Corporation (Florida) (hereinafter referred to as "Lender").
AMENDMENT TO WARRANT PURCHASE AGREEMENT AND STOCK PURCHASE WARRANTWarrant Purchase Agreement • October 3rd, 2006 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations)
This Amendment, effective as of September 28, 2006, amends the terms of the Warrant Purchase Agreement by and between Streicher Mobile Fueling, Inc., a Florida corporation (the “Company”), and the undersigned Purchasers dated June 30, 2006 (the “Agreement”) and of the Stock Purchase Warrants issued in connection with the Agreement (the “Warrants”).
SUBORDINATION AGREEMENTSubordination Agreement • September 28th, 2007 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Delaware
THIS SUBORDINATION AGREEMENT executed effective as of the 13th day of July 2007, by and between 1041 Partners, LP (“Loan Holder”), Wachovia Bank, National Association ("Lender"), SMF Energy Corporation, a Delaware corporation (“SMF”), H & W Petroleum Company, Inc. (“H & W”) and SMF Services, Inc. (“SSI”) (SMF, H & W and SSI are referred to collectively as “Borrower").
SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 2nd, 2006 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (the "Sixth Amendment"), effective as of the 31st day of March, 2006, by and among Streicher Mobile Fueling, Inc., a Florida corporation (hereinafter referred to as "Fueling"), SMF Services, Inc., a Delaware corporation (hereinafter referred to as "Services"), H & W Petroleum Company, Inc., a Texas corporation (hereinafter referred to as "H & W" and, collectively with Fueling and Services, as "Borrower") and Wachovia Bank, National Association, successor by merger to Congress Financial Corporation (Florida) (hereinafter referred to as "Lender").
INTEREST DEFERRAL AGREEMENTInterest Deferral Agreement • February 9th, 2009 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Delaware
THIS AGREEMENT is entered into as of January 23, 2009 by and between SMF Energy Corporation (“SMF”) and the undersigned holder (“Holder”) of SMF’s Senior Secured Convertible Promissory Note dated August 8, 2007 (the “Note”).
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 14th, 2005 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (the “Third Amendment”), made and entered into as of the 30th day of August, 2003, by and between Streicher Mobile Fueling, Inc., a Florida corporation (hereinafter referred to as “Borrower”), and Congress Financial Corporation (Florida) (hereinafter referred to as “Lender”).
ANY INDEBTEDNESS EVIDENCED BY THIS INSTRUMENT IS SUBORDINATED TO THE SENIOR DEBT OF THE “MAKER” (AS DEFINED BELOW) PURSUANT TO THAT CERTAIN DEBT SUBORDINATION AGREEMENT BY AND BETWEEN THE “MAKER” (AS DEFINED BELOW), MAKER’S SENIOR CREDITOR (TOGETHER...Debt Subordination Agreement • July 6th, 2009 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations)
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (“SECURITIES ACT”), AND MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED EXCEPT (I) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR (II) PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT, BUT ONLY UPON THE PAYEE FIRST HAVING OBTAINED A WRITTEN OPINION OF MAKER’S COUNSEL, OR OTHER COUNSEL ACCEPTABLE TO MAKER, THAT THE PROPOSED DISPOSITION IS CONSISTENT WITH ALL APPLICABLE PROVISIONS OF THE SECURITIES ACT AND ANY APPLICABLE “BLUE SKY” OR OTHER SIMILAR SECURITIES LAW.
THIRTEENTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 14th, 2008 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS THIRTEENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is made and entered into as of February __, 2008, by and among SMF Energy Corporation, a Delaware corporation and successor-by-merger to Streicher Mobile Fueling, Inc., a Florida corporation ("SMF"); SMF Services, Inc., a Delaware corporation ("SSI"); H & W Petroleum Company, Inc., a Texas corporation ("H & W" and, collectively with SMF and SSI, "Borrower"); and Wachovia Bank, National Association, a national banking association and successor-by-merger to Congress Financial Corporation (Florida) ("Lender").
INDENTUREIndenture • October 6th, 2003 • Streicher Mobile Fueling Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
