SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 21st, 2008 • 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 ____ day of August, 2008, between SMF Energy Corporation, a Delaware corporation (“Company”), and the undersigned (“Purchaser” and, together with Company, the “Parties”).
Dated: As of August 15, 2008SMF Energy Corp • August 21st, 2008 • Wholesale-petroleum & petroleum products (no bulk stations)
Reference is hereby made to that certain Loan and Security Agreement dated September 26, 2002 (as at any time amended, modified or supplemented, the “Loan Agreement”) among SMF Energy Corporation, a Delaware corporation and successor-by-merger to Streicher Mobile Fueling, Inc., a Florida corporation (“SMF”), SMF Services, Inc., a Delaware corporation (“SSI”), H & W Petroleum Company, Inc., a Texas corporation (“H & W” and, collectively with SMF and SSI, “Borrower”), and Wachovia Bank, National Association, a national banking association and successor-by-merger to Congress Financial Corporation (Florida) (“Lender”), which is guaranteed by Streicher Realty, Inc., a Florida corporation (“Guarantor”). Each capitalized term used herein, unless otherwise defined herein, shall have the meaning ascribed to such term in the Loan Agreement.
