0001515971-17-000089 Sample Contracts

SECOND AMENDMENT TO 12% SUBORDINATED NOTE DUE 2017 AND WARRANT TO PURCHASE SHARES OF COMMON STOCK
12% Subordinated Note and Warrant to Purchase Shares of Common Stock • May 30th, 2017 • Daybreak Oil & Gas, Inc. • Crude petroleum & natural gas • Washington

This SECOND AMENDMENT TO 12% SUBORDINATED NOTE AND WARRANT TO PURCHASE SHARES OF COMMON STOCK (this “Agreement”) is by and between DAYBREAK OIL AND GAS, INC., a Washington corporation with its chief executive offices located at 601 W. Main Ave., Suite 1017, Spokane, Washington 99201 (the “Company”), and the undersigned (together with any successors or assigns, the “Holder”).

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SETTLEMENT AGREEMENT
Settlement Agreement • May 30th, 2017 • Daybreak Oil & Gas, Inc. • Crude petroleum & natural gas

This settlement agreement (the “Agreement”), by and among SSG Advisors, LLC (“SSG”), Chiron Financial LLC (“Chiron”) (SSG, together with Chiron, the “Plaintiffs”) and Daybreak Oil and Gas, Inc. (“Daybreak”), Maximilian Resources, LLC (“Maximilian”), Platinum Partners Credit Opportunities Master Fund, LP, improperly named as Platinum Partners LP, (“Platinum”), and Zach Weiner (“Weiner”) (Daybreak, together with, Maximilian, Platinum, and Weiner, the “Defendants”) (Defendants, together with Plaintiffs, the “Parties”), in SSG Advisors, LLC v. Daybreak Oil and Gas, Case No, 2016-79687, pending in the 215th Judicial District of Harris County, Texas, sets forth the terms upon which the Parties have agreed to settle the Plaintiff’s claims against the Defendants.

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