0001213900-20-005387 Sample Contracts

FORBEARANCE AGREEMENT AND INCREMENTAL AMENDMENT TO FINANCING AGREEMENT
Forbearance Agreement and Incremental Amendment to Financing Agreement • March 4th, 2020 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • New York

This FORBEARANCE AGREEMENT AND INCREMENTAL AMENDMENT TO FINANCING AGREEMENT (together with each exhibit, schedule and/or attachment hereto, this “Agreement”) dated as of February 27, 2020, is entered into by and among EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation (“Borrower”), and all Subsidiaries of Borrower, as Guarantors, the Required Lenders under the Existing Financing Agreement that are party hereto, the Incremental Term Lenders party hereto and CORTLAND CAPITAL MARKET SERVICES LLC and its successors to serve as administrative agent and collateral agent under the Loan Documents (in such capacities, the “Administrative Agent” and the “Collateral Agent,” as applicable, and from time to time referred to herein without differentiation as an “Agent”).

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