0000950170-22-004835 Sample Contracts

SECOND AMENDMENT TO SECURED CONVERTIBLE PROMISSORY NOTE
Secured Convertible Promissory Note • March 29th, 2022 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations

This Second Amendment to Secured Convertible Promissory Note is made and entered into effective as of March 11, 2022, by and between EVO Transportation & Energy Services, Inc. (“Borrower”) and Danny R. Cuzick (“Noteholder”).

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LEASE RENEWAL AGREEMENT
Lease Renewal Agreement • March 29th, 2022 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations

THIS LEASE RENWAL AGREEMENT (the “Agreement”) is made this 18th day of March, 2022, by and between EVO Transportation & Energy Services, Inc., a Delaware corporation, (“Tenant”), and HP Lumina, LLC, a Texas limited liability company (“Landlord”).

SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENT
Senior Secured Loan and Executive Loan Agreement • March 29th, 2022 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • New York

FOR VALUE RECEIVED, on the earlier of (i) demand by the Lender on any day prior to the Collateral Pledge Effective Date and (ii) May 31, 2022 (the earlier of such dates, the “Maturity Date”), EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (“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”) hereby promise to pay pursuant to this Loan Agreement (the “Loan Agreement”) to the order of ANTARA CAPITAL MASTER FUND LP and/or one or more managed funds or accounts (the “Lender”), the initial principal sum of Nine Million Dollars ($9,000,000) (plus the principal balance of any outstanding Additional Loan (as defined below)), together with interest on the unpaid principal balanc

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