●] Shares (1) Yuma Energy, Inc. Common Stock, par value $0.001 per share UNDERWRITING AGREEMENTUnderwriting Agreement • September 26th, 2017 • Yuma Energy, Inc. • Crude petroleum & natural gas • New York
Yuma Energy, Inc., a Delaware corporation (the “Company”), proposes to sell to the several underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [●] shares (the “Firm Shares”) of common stock, par value $0.001 per share (the “Common Stock”), of the Company. The Firm Shares consist of authorized but unissued shares of Common Stock to be issued and sold by the Company. The Company also has granted to the several Underwriters an option to purchase up to [●] additional shares of Common Stock on the terms and for the purposes set forth in Section 3(b) hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Underwriting Agreement (this “Agreement”) are herein collectively called the “Securities.”
AMENDED AND RESTATED EMPLOYMENT AGREEMENT April 20, 2017Employment Agreement • April 26th, 2017 • Yuma Energy, Inc. • Crude petroleum & natural gas • Texas
This Amended and Restated Employment Agreement (this “Agreement”) is entered into by and between YUMA ENERGY, INC., a Delaware corporation (the “Company”), and James J. Jacobs (the “Employee”) as of the date first set forth above (the “Effective Date”) on the terms set forth herein.
INDEMNIFICATION AGREEMENTIndemnification Agreement • November 1st, 2016 • Yuma Delaware Merger Subsidiary, Inc. • Crude petroleum & natural gas • Delaware
This Indemnification Agreement (this “Agreement”) is made and entered into as of ______________, by and between Yuma Energy, Inc., a Delaware corporation (the “Company”), and _________________ (“Indemnitee”).
September 9, 2016Yuma Delaware Merger Subsidiary, Inc. • September 9th, 2016 • Crude petroleum & natural gas
Agreement and Plan of Merger and Reorganization dated as of February 10, 2016 by and among Yuma Energy, Inc., Yuma Delaware Merger Subsidiary, Inc., Yuma Merger Subsidiary, Inc., and Davis Petroleum Acquisition Corp.Lock-Up Agreement • November 1st, 2016 • Yuma Delaware Merger Subsidiary, Inc. • Crude petroleum & natural gas
FORBEARANCE AGREEMENTForbearance Agreement • September 18th, 2019 • Yuma Energy, Inc. • Crude petroleum & natural gas
This FORBEARANCE AGREEMENT, dated as of September 16, 2019 (this “Forbearance Agreement”), is by and among Yuma Energy, Inc., Yuma Exploration and Production Company, Inc., Pyramid Oil LLC and Davis Petroleum Corp. (collectively, the “Borrowers” and each, a “Borrower”), The Yuma Companies, Inc. and Davis Petroleum Acquisition Corp., as guarantors (the “Guarantors”), the lender party to the Credit Agreement described below as Lender (the “Lender”), YE Investment LLC, a Delaware limited liability company, as Administrative Agent (in such capacity, the “Administrative Agent”). Each of the foregoing is referred to herein as a “Party” and collectively as the “Parties.”
FIRST AMENDMENT TO CREDIT AGREEMENT AND BORROWING BASE REDETERMINATIONCredit Agreement • May 23rd, 2017 • Yuma Energy, Inc. • Crude petroleum & natural gas
THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND BORROWING BASE REDETERMINATION (this “Amendment”) dated as of May 19, 2017, among YUMA ENERGY, INC., a Delaware corporation (“Yuma Energy”), YUMA EXPLORATION AND PRODUCTION COMPANY, INC., a Delaware corporation, PYRAMID OIL LLC, a California limited liability company, and DAVIS PETROLEUM CORP., a Delaware corporation (“Davis”, and together with Yuma Energy, Yuma Exploration and Production Company, Inc., and Pyramid Oil LLC, the “Borrowers”, and each a “Borrower”), the undersigned Lenders party to the Credit Agreement (the “Lenders”) and SOCIÉTÉ GÉNÉRALE, in its capacity as Administrative Agent (the “Administrative Agent”).
LIMITED WAIVER AND SECOND AMENDMENT TO CREDIT AGREEMENT AND BORROWING BASE REDETERMINATIONCredit Agreement • May 11th, 2018 • Yuma Energy, Inc. • Crude petroleum & natural gas
THIS LIMITED WAIVER AND SECOND AMENDMENT TO CREDIT AGREEMENT AND BORROWING BASE REDETERMINATION (this “Amendment”) dated as of May 8, 2018, but effective as of March 31, 2018, among YUMA ENERGY, INC., a Delaware corporation (“Yuma Energy”), YUMA EXPLORATION AND PRODUCTION COMPANY, INC., a Delaware corporation, PYRAMID OIL LLC, a California limited liability company, and DAVIS PETROLEUM CORP., a Delaware corporation (“Davis”, and together with Yuma Energy, Yuma Exploration and Production Company, Inc., and Pyramid Oil LLC, the “Borrowers”, and each a “Borrower”), the Guarantors existing on the date hereof, the undersigned Lenders party to the Credit Agreement (the “Lenders”) and SOCIÉTÉ GÉNÉRALE, in its capacity as Administrative Agent (the “Administrative Agent”).
WAIVER AND THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 3rd, 2018 • Yuma Energy, Inc. • Crude petroleum & natural gas
THIS WAIVER AND THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of July 31, 2018 among YUMA ENERGY, INC., a Delaware corporation (“Yuma Energy”), YUMA EXPLORATION AND PRODUCTION COMPANY, INC., a Delaware corporation, PYRAMID OIL LLC, a California limited liability company, and DAVIS PETROLEUM CORP., a Delaware corporation (“Davis”, and together with Yuma Energy, Yuma Exploration and Production Company, Inc., and Pyramid Oil LLC, the “Borrowers”, and each a “Borrower”), the Guarantors existing on the date hereof, the undersigned Lenders party to the Credit Agreement (the “Lenders”) and SOCIÉTÉ GÉNÉRALE, in its capacity as Administrative Agent (the “Administrative Agent”).
EMPLOYMENT AGREEMENTEmployment Agreement • June 17th, 2016 • Yuma Delaware Merger Subsidiary, Inc. • Texas
This Agreement shall become effective as of July 15, 2013. This Agreement shall continue in full force and effect for a primary period of two (2) years (the “Initial Term”), unless terminated pursuant to Article V of this Agreement. At the end of the Initial Term, the Agreement will be automatically extended for subsequent monthly periods (“Renewal Terms”) unless and until terminated pursuant to Article V. The period during which Employee is employed under this Agreement (including any Renewal Terms) will be referred to as the “Employment Period”.
RESTRUCTURING AND EXCHANGE AGREEMENTRestructuring and Exchange Agreement • October 2nd, 2019 • Yuma Energy, Inc. • Crude petroleum & natural gas • Delaware
VOTING AGREEMENTVoting Agreement • October 2nd, 2019 • Yuma Energy, Inc. • Crude petroleum & natural gas • Delaware
This VOTING AGREEMENT (this “Agreement”) is dated as of September 30, 2019 by and among Yuma Energy, Inc., a Delaware corporation (the “Company”), and each of the persons listed on Schedule A hereto (each a “Stockholder” and collectively, the “Stockholders”).
CREDIT AGREEMENT dated as of October 26, 2016 among YUMA ENERGY, INC., YUMA EXPLORATION AND PRODUCTION COMPANY, INC., PYRAMID OIL LLC, and DAVIS PETROLEUM CORP., as Borrowers the Lenders that are from time to time parties hereto and SOCIÉTÉ GÉNÉRALE,...Yuma Delaware Merger Subsidiary, Inc. • November 1st, 2016 • Crude petroleum & natural gas • New York
CREDIT AGREEMENT dated as of October 26, 2016, among YUMA ENERGY, INC., a Delaware corporation (“Yuma Energy”), YUMA EXPLORATION AND PRODUCTION COMPANY, INC., a Delaware corporation (“Yuma E&P”), PYRAMID OIL LLC, a California limited liability company (“Pyramid”), and DAVIS PETROLEUM CORP., a Delaware corporation (“Davis”, and together with Yuma Energy, Yuma E&P, and Pyramid, the “Borrowers”, and each a “Borrower”), the Lenders that are from time to time parties hereto, and SOCIÉTÉ GÉNÉRALE (“SocGen”), as administrative agent (in such capacity together with any successors thereto in such capacity, the “Administrative Agent”).
FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENTEmployment Agreement • November 1st, 2016 • Yuma Delaware Merger Subsidiary, Inc. • Crude petroleum & natural gas • Texas
This First Amendment to the Employment Agreement (this “Amendment”) is dated as of October 26, 2016, among Yuma Energy, Inc. (as successor to The Yuma Companies, Inc.) (“Yuma” or the “Company”) and Sam L. Banks (“Employee”), and amends that certain Employment Agreement effective as of October 1, 2012 between the Company and Employee (the “Employment Agreement”). Capitalized terms used and not otherwise defined in this Amendment shall have the respective meanings set forth in the Employment Agreement (as defined below).
LOAN MODIFICATION AGREEMENTLoan Modification Agreement • October 2nd, 2019 • Yuma Energy, Inc. • Crude petroleum & natural gas • New York
THIS LOAN MODIFICATION AGREEMENT (this “Agreement”) is made as of September 30, 2019 by and among Yuma Energy, Inc., a Delaware corporation (the “Company”), Yuma Exploration and Production Company, Inc., a Delaware corporation (“Yuma E&P”), Pyramid Oil LLC, a California limited liability company (“Pyramid”), Davis Petroleum Corp., a Delaware corporation (“Davis” and collectively with the Company, Yuma E&P and Pyramid, the “Borrowers”), and YE Investment LLC, a Delaware limited liability company, as lender and administrative agent (“YE”). Capitalized terms used but not defined herein have the meanings set forth in the Credit Agreement (as defined below).
REGISTRATION RIGHTS AGREEMENTYuma Delaware Merger Subsidiary, Inc. • November 1st, 2016 • Crude petroleum & natural gas • Delaware
This REGISTRATION RIGHTS AGREEMENT, dated as of October 26, 2016 (this “Agreement”), is by and among Yuma Energy, Inc., a Delaware corporation (the “Company”), and each of the parties executing a counterpart signature page on or after the date hereof (the “Holders”).
AMENDED AND RESTATED CREDIT AGREEMENT dated as of November 27, 2019 among YUMA ENERGY, INC., YUMA EXPLORATION AND PRODUCTION COMPANY, INC., PYRAMID OIL LLC, And DAVIS PETROLEUM CORP., as Borrowers YE INVESTMENT LLC, as the Lender And Administrative AgentCredit Agreement • December 2nd, 2019 • Yuma Energy, Inc. • Crude petroleum & natural gas • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT is dated as of November 27, 2019, among YUMA ENERGY, INC., a Delaware corporation (“Yuma Energy”), YUMA EXPLORATION AND PRODUCTION COMPANY, INC., a Delaware corporation (“Yuma E&P”), PYRAMID OIL LLC, a California limited liability company (“Pyramid”), and DAVIS PETROLEUM CORP., a Delaware corporation (“Davis”, and together with Yuma Energy, Yuma E&P and Pyramid, the “Borrowers”, and each a “Borrower”) and YE Investment LLC, a Delaware limited liability company (“YE” or the “Lender”), and as administrative agent (in such capacity, the “Administrative Agent”).
LIMITED WAIVERLimited Waiver • September 5th, 2018 • Yuma Energy, Inc. • Crude petroleum & natural gas
THIS LIMITED WAIVER (this “Waiver”) dated as of August 30, 2018, among YUMA ENERGY, INC., a Delaware corporation (“Yuma Energy”), YUMA EXPLORATION AND PRODUCTION COMPANY, INC., a Delaware corporation, PYRAMID OIL LLC, a California limited liability company, and DAVIS PETROLEUM CORP., a Delaware corporation (“Davis”, and together with Yuma Energy, Yuma Exploration and Production Company, Inc., and Pyramid Oil LLC, the “Borrowers”, and each a “Borrower”), the Guarantors existing on the date hereof, the undersigned Lenders party to the Credit Agreement (the “Lenders”) and SOCIÉTÉ GÉNÉRALE, in its capacity as Administrative Agent (the “Administrative Agent”).
