EVO Transportation & Energy Services, Inc., a Delaware corporation COMMON STOCK PURCHASE WARRANTEVO Transportation & Energy Services, Inc. • June 7th, 2018 • Retail-auto dealers & gasoline stations
This Common Stock Purchase Warrant (this “Warrant”) certifies that, for value received, the Warrant Holder named above is entitled to purchase from EVO Transportation & Energy Services, Inc., a Delaware corporation (the “Company”), during the period specified in this Warrant, Three Hundred Thirty-Three Thousand Three Hundred Thirty-Three (333,333) fully paid and non-assessable shares of Common Stock (“Warrant Stock”), at the purchase price per share provided in Section 1.2 of this Warrant (the “Warrant Exercise Price”), all subject to the terms and conditions set forth in this Warrant. Capitalized terms not otherwise defined shall have the meanings set forth in Section 5 below. This Warrant is issued in connection with that certain Equity Purchase Agreement by and between the Company and the Warrant Holder dated June 1, 2018 (the “Purchase Agreement”).
EMPLOYMENT AGREEMENTEmployment Agreement • June 7th, 2018 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • Delaware
This Employment Agreement (the "Agreement”) is entered into as of June 1, 2018, by and between EVO Transportation & Energy Services, Inc. (the “Company”) and Billy (Trey) Peck, Jr. (“Employee”). This Agreement will become effective upon the Closing of the transaction set forth in that separate Equity Purchase Agreement, dated the same date as this Agreement, by and among EVO Transportation & Energy Services, Inc., a Delaware corporation, as Buyer and Billy (Trey) Peck Jr. as Equity Holder, and the other parties thereto, as Closing is defined therein (the “Effective Date”). Absent such Closing, this Agreement shall be null and void and of no force or effect.
EVO Transportation & Energy Services, Inc. SUBSCRIPTION AGREEMENTSubscription Agreement • June 7th, 2018 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • Delaware
This Subscription Agreement (this “Agreement”) is made as of June 1, 2018 between EVO Transportation & Energy Services, Inc., a Delaware corporation (the “Company”) and Billy (“Trey”) Peck Jr. (the “Subscriber”).
EVO Transportation & Energy Services, Inc., a Delaware corporation COMMON STOCK PURCHASE WARRANTEVO Transportation & Energy Services, Inc. • June 7th, 2018 • Retail-auto dealers & gasoline stations
This Common Stock Purchase Warrant (this “Warrant”) certifies that, for value received, the Warrant Holder named above is entitled to purchase from EVO Transportation & Energy Services, Inc., a Delaware corporation (the “Company”), during the period specified in this Warrant, Three Hundred Thirty-Three Thousand Three Hundred Thirty-Three (333,333) fully paid and non-assessable shares of Common Stock (“Warrant Stock”), at the purchase price per share provided in Section 1.2 of this Warrant (the “Warrant Exercise Price”), all subject to the terms and conditions set forth in this Warrant. Capitalized terms not otherwise defined shall have the meanings set forth in Section 5 below. This Warrant is issued in connection with that certain Equity Purchase Agreement by and between the Company and the Warrant Holder dated June 1, 2018 (the “Purchase Agreement”).
SECURITY AGREEMENTSecurity Agreement • June 7th, 2018 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • Missouri
EVO Transportation & Energy Services, Inc., a Delaware corporation, and Thunder Ridge Transport, Inc., a Missouri corporation, (collectively “Debtor”) having an address of 8285 West Lake Pleasant Parkway Peoria, Arizona 85382, and Billy L. Peck, Jr. (“Secured Party”), hereby agree, effective June 1, 2018, as follows:
STOCK PLEDGE AGREEMENTAgreement • June 7th, 2018 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • Missouri
AGREEMENT (“Agreement” or “Pledge”), made and entered into this 1st day of June, 2018, by and between EVO TRANSPORTATION & ENERGY SERVICES, INC. a Delaware corporation, (hereinafter referred to as “Pledgor”), and BILLY LEE PECK, JR. a/k/a TREY PECK (hereinafter referred to as “Pledgee”).
EQUITY PURCHASE AGREEMENTEquity Purchase Agreement • June 7th, 2018 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • Missouri
THIS EQUITY PURCHASE AGREEMENT (this “Agreement”) is made effective as of June 1, 2018, (the “Effective Date”) by and between EVO Transportation & Energy Services, Inc., a Delaware corporation (“Buyer”) and Billy (Trey) Peck Jr. (the “Equity Holder”). Buyer and the Equity Holder may be referred to individually in this Agreement as a “Party” and collectively as the “Parties.” Capitalized Terms used herein and not otherwise defined have the meanings given to such terms in Exhibit A attached hereto and incorporated herein by reference.
