SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 28th, 2007 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of the 1st day of August, 2007, between SMF Energy Corporation, a Delaware corporation (the “Company”), and the investors listed on Attachment A hereto (each, a “Purchaser” and collectively, the “Purchasers” and, together with the Company, the “Parties”) and is delivered and executed in connection with the Company’s sale of Units (as defined below).
SUBORDINATION AGREEMENTSubordination Agreement • September 28th, 2007 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Delaware
THIS SUBORDINATION AGREEMENT executed effective as of the 13th day of July 2007, by and between 1041 Partners, LP (“Loan Holder”), Wachovia Bank, National Association ("Lender"), SMF Energy Corporation, a Delaware corporation (“SMF”), H & W Petroleum Company, Inc. (“H & W”) and SMF Services, Inc. (“SSI”) (SMF, H & W and SSI are referred to collectively as “Borrower").
NOTE PURCHASE AGREEMENTNote Purchase Agreement • September 28th, 2007 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS NOTE PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of the ___ day of July, 2007, between SMF Energy Corporation, a Delaware corporation (the “Company”), and the investors listed on Attachment A hereto (each, a “Purchaser” and collectively, the “Purchasers” and, together with the Company, the “Parties”) and is delivered and executed in connection with the Company’s sale of Notes (as defined below).
