FOURTH LOAN EXTENSION AGREEMENT
Exhibit 4.1
FOURTH LOAN EXTENSION AGREEMENT
This FOURTH LOAN EXTENSION AGREEMENT (this “Agreement”) is made as of July 15, 2022, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 0000 Xxxx Xxxxxxxx Xxxx Xx., Xxxxx 000, Xxxxxxx XX 00000 (“Borrower”), and each subsidiary of Borrower listed on the signature pages hereto or that after the date hereof delivers such a signature page (each a “Guarantor”, collectively, the “Guarantors” and, together with Borrower, the “Loan Parties” and each a “Loan Party”), (ii) ANTARA CAPITAL MASTER FUND LP and/or one or more managed funds or accounts (the “Lender”), and (iii) each lender listed on Schedule I of the Loan Agreement (as defined below) (each, an “Executive Lender” and together, the “Executive Lenders”). Capitalized terms used but not defined in this Agreement shall have the meanings given to them in the Loan Agreement.
W I T N E S S E T H:
WHEREAS, the Loan Parties are indebted to the Lender and the Executive Lenders pursuant to that certain Senior Secured Loan and Executive Loan Agreement dated as of March 11, 2022 (the “Original Loan Agreement”), as amended by the Loan Extension Agreement dated May 31, 2022 (the “First Loan Extension Agreement”); the Second Loan Extension Agreement dated June 30, 2022 (the “Second Loan Extension Agreement”); and the Third Loan Extension Agreement dated July 8, 2022 (the “Third Loan Extension Agreement”, and the Original Loan Agreement as amended by the First Loan Extension Agreement, the Second Loan Extension Agreement and the Third Loan Extension Agreement, the “Loan Agreement”).
WHEREAS, the Loan Parties and the Lender wish to extend the “Maturity Date” (as defined in the Loan Agreement) of the Loan from July 15, 2022 to August 15, 2022 upon satisfaction of the terms and conditions set forth in this Agreement.
WHEREAS, the Loan Parties and the Executive Lenders wish to extend the “Executive Loan Maturity Date” (as defined in the Loan Agreement) of the Executive Loans from July 22, 2022 to August 22, 2022 upon satisfaction of the terms and conditions set forth in this Agreement.
WHEREAS, the parties to this Agreement (the “Parties”) desire to memorialize the aforementioned extensions as hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, the Parties hereby agree as follows:
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Exhibit 4.1
IN WITNESS WHEREOF, each Loan Party has caused this Agreement to be duly executed as of the date set forth above.
EVO TRANSPORTATION & ENERGY SERVICES, INC., as Borrower
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Chief Executive Officer
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Chief Executive Officer
W.E. XXXXXX, INC., as a Guarantor
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Chief Executive Officer
EVO LOGISTICS, LLC, as a Guarantor
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Chief Executive Officer
TITAN CNG LLC, as a Guarantor
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Chief Executive Officer
THUNDER RIDGE TRANSPORT, INC., as a Guarantor
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Chief Executive Officer
Signature Page to Fourth Loan Extension Agreement
XXXXXX MAIL CONTRACTORS, INC., as a Guarantor
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Chief Executive Officer
URSA MAJOR CORPORATION, as a Guarantor
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Chief Executive Officer
X.X. LEASE CORPORATION, as a Guarantor
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Chief Executive Officer
EVO EQUIPMENT LEASING, LLC, as a Guarantor
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Chief Executive Officer
COURTLANDT AND XXXXX ENTERPRISES L.L.C., as a Guarantor
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Chief Executive Officer
XXXXXX TRANSPORT, INC., as a Guarantor
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Chief Executive Officer
Signature Page to Fourth Loan Extension Agreement
EVO SERVICES GROUP, LLC, as a Guarantor
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Chief Executive Officer
Signature Page to Fourth Loan Extension Agreement
AGREED TO AND ACCEPTED:
ANTARA CAPITAL MASTER FUND LP (as Lender)
By: Antara Capital Fund GP LLC, its General Partner
By: /s/ Xxxxxxxx Xxxxxx
Name: Xxxxxxxx Xxxxxx
Title: Managing Partner
Executive Lenders
AGREED TO AND ACCEPTED:
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
AGREED TO AND ACCEPTED:
By: /s/ Xxxxx X. Xxxxxx
Name: Xxxxx X. Xxxxxx
AGREED TO AND ACCEPTED:
BRIDGEWEST GROWTH FUND LLC
By: /s/ Xxxxx (Trey) Xxxx Jr.
Name: Xxxxx (Trey) Xxxx Jr.
Title: Managing Member
AGREED TO AND ACCEPTED:
BATUTA CAPITAL ADVISORS LLC
By: /s/ Xxxxxxxxx Xxxxxxx
Name: Xxxxxxxxx Xxxxxxx
Title: Managing Director
Signature Page to Fourth Loan Extension Agreement
EXHIBIT A
UPDATES TO REPRESENTATIONS AND WARRANTIES
Omitted.
EXHIBIT A