0000950170-22-011187 Sample Contracts

INDEMNIFICATION AGREEMENT
Indemnification Agreement • June 6th, 2022 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • Delaware

This Indemnification Agreement (“Agreement”), dated as of May 31, 2022, is by and between EVO Transportation & Energy Services, Inc., a Delaware corporation (the “Company”), and Raph Posner (the “Indemnitee”).

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LOAN EXTENSION AGREEMENT
Loan Extension Agreement • June 6th, 2022 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations

This LOAN EXTENSION AGREEMENT (this “Agreement”) is made as of May 31, 2022, by and among (i) 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”), (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 or, to the extent not defined in this Agreement or the Loan Agreement, in the Certificate of Designations of Series

BOARD OBSERVER AGREEMENT
Board Observer Agreement • June 6th, 2022 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • Arizona

THIS BOARD OBSERVER AGREEMENT (“Agreement”) dated as of the 31st day of May, 2022 (this “Agreement”), is made by and between EVO Transportation & Energy Services, Inc., a Delaware corporation (the “Company”), and Danny R. Cuzick (“Observer”).

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