SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENTSenior Secured Loan and Executive Loan Agreement • March 16th, 2022 • Antara Capital LP • Retail-auto dealers & gasoline stations • New York
FOR VALUE RECEIVED, on the earlier of (i) demand by the Lender on any day prior to the Collateral Pledge Effective Date and (ii) May 31, 2022 (the earlier of such dates, the “Maturity Date”), EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (“Borrower”), and each subsidiary of Borrower listed on the signature pages hereto or that after the date hereof delivers such a signature page (each a “Guarantor”, collectively, the “Guarantors” and, together with Borrower, the “Loan Parties” and each a “Loan Party”) hereby promise to pay pursuant to this Loan Agreement (the “Loan Agreement”) to the order of ANTARA CAPITAL MASTER FUND LP and/or one or more managed funds or accounts (the “Lender”), the initial principal sum of Nine Million Dollars ($9,000,000) (plus the principal balance of any outstanding Additional Loan (as defined below)), together with interest on the unpaid principal balanc
FIRST AMENDMENT TO AMENDED AND RESTATED SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENTSenior Secured Loan and Executive Loan Agreement • January 5th, 2024 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations
This First Amendment (this “Agreement”) to the Amended and Restated Senior Secured Loan and Executive Loan Agreement is made as of December 29, 2023, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (“Borrower”), and each subsidiary of Borrower listed on the signature pages hereto or that after the date hereof delivers such a signature page (each a “Guarantor”, collectively, the “Guarantors” and, together with Borrower, the “Loan Parties” and each a “Loan Party”), (ii) ANTARA CAPITAL MASTER FUND LP and/or one or more managed funds or accounts (the “Antara Lender”), and (iii) CORBIN ERISA OPPORTUNITY FUND LTD and/or one or more managed funds or accounts (the “CEOF Lender” and, together with the Antara Lender, the “Lenders” and each, a “Lender”). Capitalized terms used but not defined in this Agreement shall have the meanings given to them in the Loan Agreement.
SECOND AMENDMENT TO AMENDED AND RESTATED SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENTSenior Secured Loan and Executive Loan Agreement • March 5th, 2024 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations
This Second Amendment (this “Agreement”) to the Amended and Restated Senior Secured Loan and Executive Loan Agreement is made as of February 28, 2024, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (“Borrower”), and each subsidiary of Borrower listed on the signature pages hereto or that after the date hereof delivers such a signature page (each a “Guarantor”, collectively, the “Guarantors” and, together with Borrower, the “Loan Parties” and each a “Loan Party”), (ii) ANTARA CAPITAL MASTER FUND LP and/or one or more managed funds or accounts (the “Antara Lender”), and (iii) CORBIN ERISA OPPORTUNITY FUND LTD and/or one or more managed funds or accounts (the “CEOF Lender” and, together with the Antara Lender, the “Lenders” and each, a “Lender”). Capitalized terms used but not defined in this Agreement shall have the meanings given to them in the Loan Agreement.
