STOCKHOLDER RIGHTS AGREEMENTStockholder Rights Agreement • June 4th, 2014 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • New York
This Stockholder Rights Agreement (as executed and as it may be amended, supplemented, restated or otherwise modified from time to time, as provided herein, this “Agreement”), dated as of May 28, 2014, is entered into among ECO-STIM ENERGY SOLUTIONS, INC., a Nevada corporation (the “Company”), ACM EMERGING MARKETS MASTER FUND I, L.P. a Cayman Islands exempted limited partnership (including Persons that become parties to and bound by this Agreement as an “Investor”, the “Investors”), each Person identified on Schedule A hereto and executing a signature page hereto (each, a “Management Stockholder” and, collectively, the “Management Stockholders”) and each other Person who after the date hereof acquires securities of the Company and agrees to become a party to, and bound by, this Agreement as an “Investor” or a “Management Stockholder” by executing a Joinder Agreement. The Investors and the Management Stockholders and their respective Permitted Transferees are each referred to herein as
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 4th, 2014 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • New York
This Registration Rights Agreement (this “Agreement”), is dated as of May 28, 2014, by and among ECO-STIM ENERGY SOLUTIONS, INC., a Nevada corporation (the “Issuer”), each Person identified as a Note Purchaser on the signature pages hereto (collectively, the “Note Purchasers” and each a “Note Purchaser”), and each Person identified on Schedule A hereto and executing a signature page hereto (each, a “Management Stockholder” and collectively, the “Management Stockholders”) .
CONVERTIBLE NOTE FACILITY AGREEMENT DATED AS OF MAY 28, 2014 BY AND BETWEEN ECO-STIM ENERGY SOLUTIONS, INC., as the Issuer ANDConvertible Note Facility Agreement • June 4th, 2014 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • New York
This Convertible Note Facility Agreement is dated as of May 28, 2014 by and between ECO-STIM ENERGY SOLUTIONS, INC., a Nevada corporation (the “Issuer”) and ACM EMERGING MARKETS MASTER FUND I, L.P., a Cayman Islands exempted limited partnership (the “Note Purchaser”). The Note Purchaser and any other registered holder of Notes hereunder is referred to as a “Note Holder” and collectively, as “Note Holders.”
ASSIGNMENT AND ASSUMPTION AGREEMENTAssignment and Assumption Agreement • June 4th, 2014 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • Texas
This Assignment and Assumption Agreement (this “Assignment”) is made as of May 28, 2014 (the “Effective Date”) by and between Eco-Stim Energy Solutions, Inc., a Nevada corporation (“Assignor”) and Viking Rock AS, a private Norwegian limited liability company (aksjeselskap) domiciled at Brendehaugen 20, 6065 Ulsteinvik, 1816 Ulstein, company reg. no. 999 082 890, Norway (“Assignee”). Assignor and Assignee are sometimes referred to herein, collectively, as the “Parties” and, individually, as a “Party”.
SECURITIES PURCHASE OPTION AGREEMENTSecurities Purchase Option Agreement • June 4th, 2014 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • New York
SECURITIES PURCHASE OPTION AGREEMENT (the “Agreement”), dated as of May 28, 2014, by and among ECO-STIM ENERGY SOLUTIONS, INC., a Nevada corporation, with headquarters located at 2930 W. Sam Houston Pkwy N., Suite 275, Houston, TX 77043 (the “Issuer”), and the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
