0001564590-20-047670 Sample Contracts

SECOND AMENDMENT TO FORBEARANCE AGREEMENT AND OMNIBUS AMENDMENT TO LOAN DOCUMENT
Financing Agreement • October 26th, 2020 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • New York

This SECOND AMENDMENT TO FORBEARANCE AGREEMENT AND OMNIBUS AMENDMENT TO LOAN DOCUMENTS (together with each exhibit, schedule and/or attachment hereto, this “Agreement”) dated as of October 20, 2020, is entered into by and among EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation (as a “Borrower” and also referred to as “EVO”), EVO HOLDING COMPANY LLC, a Delaware limited liability company (as a “Borrower”), and all Subsidiaries of each Borrower, as Guarantors, the Required Lenders under the Existing Financing Agreement that are 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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TRANSITION SERVICES AGREEMENT
Financing Agreement • October 26th, 2020 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • New York

This TRANSITION SERVICES AGREEMENT (this “Agreement”) is entered into as of October 20, 2020 by and among by and among EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation (“Company”) and all subsidiaries of the Company (each a “Subsidiary” and collectively with Company the “EVO Companies”) that are party hereto.

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