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.”
TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 14th, 2007 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS TENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (the "Tenth Amendment"), made and entered into as of the 8th day of August, 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").
