AMENDED AND RESTATED] INDEMNIFICATION AGREEMENTIndemnification Agreement • August 18th, 2017 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec
This [Amended and Restated] Indemnification Agreement (“Agreement”) is made and entered into as of the day of _________, 2017, by and between Eco-Stim Energy Solutions, Inc., a Nevada corporation (the “Company”), and ________________ (“Indemnitee”).
At Market Issuance Sales AgreementEco-Stim Energy Solutions, Inc. • July 14th, 2016 • Oil & gas field services, nec • New York
EMPLOYMENT AGREEMENTEmployment Agreement • November 12th, 2014 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • Texas
This EMPLOYMENT AGREEMENT (“Agreement”) is entered into effective as of July 1, 2014 (the “Effective Date”), by and between Eco-Stim Energy Solutions, Inc., a Nevada corporation (“Eco-Stim” or “Company”), and Carlos A. Fernandez (“Executive”). Executive and the Company are collectively referred to in this Agreement as the “Parties” and individually as a “Party.”
Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • February 19th, 2015 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • New York
The undersigned, Eco-Stim Energy Solutions, Inc., a company formed under the laws of Nevada (the “Company” and collectively with its subsidiaries, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries of the Company (the “Subsidiaries”), the “Company Entities” and each a “Company Entity”), hereby confirms its agreement with Roth Capital Partners, LLC (the “Underwriter”) as follows:
ECO-STIM ENERGY SOLUTIONS, INC. Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • June 15th, 2015 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • New York
The undersigned, Eco-Stim Energy Solutions, Inc., a company formed under the laws of Nevada (the “Company” and collectively with its subsidiaries, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries of the Company (the “Subsidiaries”), the “Company Entities” and each a “Company Entity”), hereby confirms its agreement with FBR Capital Markets & Co. (“FBR”) and Roth Capital Partners, LLC (“Roth” and, together with FBR, “you” or the “Representatives”) and with the other underwriters named on Schedule I hereto for which the Representatives are acting as representatives (the Representatives and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
EMPLOYMENT AGREEMENTEmployment Agreement • July 19th, 2017 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • Texas
This EMPLOYMENT AGREEMENT (“Agreement”) is entered into and effective as of April 5, 2017 (the “Effective Date”), by and between Eco-Stim Energy Solutions, Inc., a Nevada corporation (“Eco-Stim” or “Company”), and Barry Ekstrand (“Executive”). Executive and the Company are collectively referred to in this Agreement as the “Parties” and individually as a “Party.”
COMMON STOCK PURCHASE WARRANT ECO-STIM ENERGY SOLUTIONS, INC.Eco-Stim Energy Solutions, Inc. • March 28th, 2014 • Oil & gas field services, nec • Texas
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Impact Engineering, A.S. (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after July 1, 2014 (the “Initial Exercise Date”) and on or prior to the close of business on the fifth anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Eco-Stim Energy Solutions, Inc., a Nevada corporation (the “Company”), up to 100,000 shares (the “Warrant Shares”) of common stock, par value $.001 per share, of the Company (the “Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 9th, 2017 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • New York
This Registration Rights Agreement (this “Agreement”), is dated as of March 3, 2017, by and among ECO-STIM ENERGY SOLUTIONS, INC., a Nevada corporation (the “Issuer”), and FT SOF VII HOLDINGS, LLC (together with its permitted successors and assigns, the “Note Purchaser”).
AMENDED AND RESTATED STOCKHOLDER RIGHTS AGREEMENTStockholder Rights Agreement • March 9th, 2017 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • New York
This Amended and Restated 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 March 3, 2017, is entered into among ECO-STIM ENERGY SOLUTIONS, INC., a Nevada corporation (the “Company”), FT SOF HOLDINGS VII LLC (“FTP” and, together with any other Persons that become parties to and bound by this Agreement as an “FTP Investor”, the “FTP Investors”), MR. BARTJE BRUHEIM (“Bruheim”), BIENVILLE ARGENTINA OPPORTUNITIES MASTER FUND, L.P. (“Bienville” and, together with Bruheim, the “Other 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 “FTP Investor”, an “Other Investor” or a “Management S
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 2nd, 2018 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • New York
This Securities Purchase Agreement (this “Agreement”), dated as of March 29, 2018, is by and among Eco-Stim Energy Solutions, Inc., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
ECO-STIM ENERGY SOLUTIONS, INC.Phantom Stock Award Agreement • May 10th, 2019 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • Texas
Pursuant to the terms and conditions of the Eco-Stim Energy Solutions, Inc. 2015 Stock Incentive Plan, as amended from time to time (the “Plan”), Eco-Stim Energy Solutions, Inc. (the “Company”) hereby grants to the individual listed below (“you” or the “Participant”) the number of shares of phantom stock (the “Phantom Shares”) set forth below. This award of Phantom Shares (this “Award”) is subject to the terms and conditions set forth in this Phantom Stock Award Grant Notice (this “Grant Notice”) and in the Phantom Stock Award Agreement attached hereto as Exhibit A (the “Agreement”) and the Plan, each of which is incorporated herein by reference. Capitalized terms used but not defined herein shall have the meanings set forth in the Plan.
SEPARATION AND GENERAL RELEASE AGREEMENTSeparation and General Release Agreement • May 10th, 2019 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • Texas
THIS SEPARATION AND GENERAL RELEASE AGREEMENT (the “Agreement”) is made as of this 28th day of September 2018, by ECO-STIM ENERGY SOLUTIONS, INC., a Nevada corporation (the “Company”), and J. CHRISTOPHER BOSWELL (the “Executive”).
ECO-STIM ENERGY SOLUTIONS, INC. 5,500,000 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • July 14th, 2015 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • New York
The undersigned, Eco-Stim Energy Solutions, Inc., a company formed under the laws of Nevada (the “Company” and collectively with its subsidiaries, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries of the Company (the “Subsidiaries”), the “Company Entities” and each a “Company Entity”), hereby confirms its agreement with FBR Capital Markets & Co. (“FBR”) and Roth Capital Partners, LLC (“Roth” and, together with FBR, “you” or the “Representatives”) and with the other underwriters named on Schedule I hereto for which the Representatives are acting as representatives (the Representatives and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
April 30, 2018 Brian R. Stewart c/o Eco-Stim Energy Solutions, Inc.Eco-Stim Energy Solutions, Inc. • August 14th, 2018 • Oil & gas field services, nec
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • November 12th, 2015 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec
This FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is entered into on and as of October 8, 2015 (the “Amendment Date”), by Bobby Chapman (“Executive”) and EcoStim, Inc., a Texas corporation (the “Company”), in order to amend the Employment Agreement by and between Executive and the Company (f/k/a FracRock, Inc.) dated as of November 4, 2013 the (“Agreement”). Executive and the Company are collectively referred to in this Amendment as the “Parties.”
FORM RESTRICTED STOCK AGREEMENTForm Restricted Stock Agreement • March 28th, 2014 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec
This Restricted Stock Agreement (this “Agreement”) is made as of the _____ day of _____________, 20__ (the “Date of Grant”), between _______________________________, a __________ corporation (the “Company”), and ______________________________________ (the “Employee”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • November 5th, 2009 • Vision Global Solutions Inc • Services-prepackaged software
This Executive Employment Agreement (the "AGREEMENT") is made and entered into as of November 4, 2009, by and between Vision Global Solutions, Inc., a Nevada corporation (the "COMPANY"), and Todd Waltz, (the "EXECUTIVE").
October 13, 2005 Mr. Martin Scott 4819 S. Classical Blvd Delray Beach Fl 33445 Dear Mr. Scott: This will serve as an agreement between a Vision Global Solutions, Inc.(the "Company") and you with respect to compensation for your consulting services....Vision Global Solutions Inc • October 28th, 2005 • Services-prepackaged software
This will serve as an agreement between a Vision Global Solutions, Inc.(the "Company") and you with respect to compensation for your consulting services.
AGREEMENT AND PLAN OF REORGANIZATION AMONG VISION GLOBAL SOLUTIONS INC., FRI MERGER SUB, INC., AND FRACROCK INTERNATIONAL, INC.Agreement and Plan of Reorganization • September 18th, 2013 • Vision Global Solutions Inc • Services-prepackaged software • Delaware
This Agreement and Plan of Reorganization (hereinafter the “Agreement”) is entered into effective as of this 18th of September, 2013, by and among Vision Global Solutions Inc., a Nevada corporation (hereinafter “Parent”); FRI Merger Sub, Inc., a newly-formed Delaware corporation and wholly-owned subsidiary of Parent (hereinafter “Merger Sub”); and FracRock International, Inc., a Delaware corporation (hereinafter the “Company”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • December 19th, 2006 • Vision Global Solutions Inc • Services-prepackaged software
This Executive Employment Agreement (the “AGREEMENT”) is made and entered into as of December 14, 2006, by and between Vision Global Solutions, Inc., a Nevada corporation (the “COMPANY”), and John Kinney, (the “EXECUTIVE”).
FIRST AMENDMENT TO AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT OF ECO- STIM ENERGY SOLUTIONS, INC.Registration Rights Agreement • August 3rd, 2017 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec
This First Amendment to the Amended and Restated Registration Rights Agreement (this “First Amendment”) of Eco-Stim Energy Solutions, Inc., a Nevada corporation (the “Company”), is entered into by and between the Company and the other parties named on the signature pages hereto with reference to that certain Amended and Restated Registration Rights Agreement, dated July 6, 2017 between the Company and the parties identified therein (the “Amended and Restated Registration Rights Agreement”), to be effective as of the Closing (as defined in the Subscription Agreement). Capitalized terms used but not defined herein shall have the meaning ascribed to each such term in the Amended and Restated Registration Rights Agreement.
SHARE PURCHASE AGREEMENTShare Purchase Agreement • December 19th, 2006 • Vision Global Solutions Inc • Services-prepackaged software • California
THIS AGREEMENT (hereinafter “the Agreement”), is made with an effective date of November 14, 2006 is entered into by and among Vision Global Solutions, Inc. a Nevada corporation (“VIGS” or the “Company”), the buyers listed on Exhibit “A” attached hereto (collectively, “Buyers”) and the following sellers: (i) Jean-Paul Ouellette ("JPO"), owner of 50,000,000 shares of the Common Stock of the Corporation; (ii) Dwayne Bigelow (“DBW”), owner of 420,000 shares of the Common Stock of the Corporation; (iii) Andrew Belinsky (“ABY”), owner of 760,000 shares of the Common Stock of the Corporation; (iv) Angela Musgrave (“AMV”), owner of 760,000 shares of the Common Stock of the Corporation; (v) Jasago Partners, Inc. (“JASAGO”), owner of 800,000 shares of the Common Stock of the Corporation; and (vi) Amazon Energy & Communications, Inc. (“AMAZON”), owner of 1,300,000 shares of the Common Stock of the Corporation for a total of 54,040,000 shares (collectively, the “Sellers” and their shares are coll
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.”
CONSULTING AGREEMENTConsulting Agreement • March 28th, 2014 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • Virgin Islands
This Consulting Agreement (“Agreement”) is entered into between FRAC ROCK INTERNATIONAL, INC., having its registered office at Appleby Corporate Services, Jayla Place, Wickham’s Cay I, Road Town, Tortola British Virgin Islands VG I 110 (“Client”), and Carlos Alberto Fernandez, an individual residing at Barao de Lucena 135 Apt 408, Botafogo - Rio de Janeiro - RJ - Brasil (“Consultant”).
SECOND AMENDMENT TO AMENDED AND RESTATED STOCKHOLDER RIGHTS AGREEMENT OF ECO- STIM ENERGY SOLUTIONS, INC.Stockholder Rights Agreement • August 25th, 2017 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec
This Second Amendment to the Amended and Restated Stockholder Rights Agreement of Eco-Stim Energy Solutions, Inc., a Nevada corporation (the “Company”), is entered into and effective as of August 25, 2017 (this “Second Amendment”), by and between the Company and the undersigned Stockholders, with respect to that certain Amended and Restated Stockholder Rights Agreement dated March 3, 2017 between the Company and the Stockholders identified therein (as amended to date, the “Rights Agreement”). Capitalized terms used but not defined herein shall have the meaning ascribed to each such term in the Rights Agreement.
REVOLVING LINE OF CREDIT AGREEMENTRevolving Line of Credit Agreement • February 11th, 2011 • Vision Global Solutions Inc • Services-prepackaged software • California
This Revolving Line of Credit Agreement (the "Loan Agreement"), dated as of February 9, 2011 is by and between VISION GLOBAL SOLUTIONS, INC, a Nevada corporation (the “Borrower”) and NAVITAS CAPITAL, LLC, a Nevada limited liability company ("Lender”).
AMENDED AND RESTATED AGREEMENT AND PLAN OF REORGANIZATION AMONG VISION GLOBAL SOLUTIONS, INC., VGS ACQUISITION CORP., AND FORTES FINANCIAL, INC.Agreement and Plan of Reorganization • August 8th, 2008 • Vision Global Solutions Inc • Services-prepackaged software • Delaware
This AMENDED AND RESTATED AGREEMENT AND PLAN OF REORGANIZATION (hereinafter, this “Agreement”) effective as of this 4th day of August, 2008, by and among Vision Global Solutions, Inc., a Nevada corporation (hereinafter, “VIGS”); VGS Acquisition Corp., a newly-formed Delaware corporation and wholly-owned subsidiary of VIGS (hereinafter, “VGS Sub”), on one hand, and Fortes Financial, Inc., a Delaware corporation (hereinafter, “Fortes” or the “Surviving Corporation”) on the other hand, with relevance to the facts set forth in the Recitals below. This Agreement is made and entered into by and among the parties in order to supercede, amend and restate the prior Agreement and Plan of Reorganization date May 14, 2008 by and among the parties.
AMENDMENT NO 2 TO REVOLVING LINE OF CREDIT AGREEMENTCredit Agreement • May 29th, 2013 • Vision Global Solutions Inc • Services-prepackaged software
This Amendment to Revolving Line of Credit Agreement (the "Amendment"), dated as of May 17, 2013 is by and between VISION GLOBAL SOLUTIONS, INC., a Nevada corporation (the “Company”) and NAVITAS CAPITAL, LLC, a Nevada limited liability company ("Lender”).
AGREEMENT AND PLAN OF REORGANIZATION AMONG VISION GLOBAL SOLUTIONS, INC., VGS ACQUISITION CORP., AND FORTES FINANCIAL, INC.Agreement and Plan of Reorganization • May 16th, 2008 • Vision Global Solutions Inc • Services-prepackaged software • Delaware
FIRST AMENDMENT TO AMENDED AND RESTATED STOCKHOLDER RIGHTS AGREEMENT OF ECO- STIM ENERGY SOLUTIONS, INC.Stockholder Rights Agreement • July 7th, 2017 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec
This First Amendment to the Amended and Restated Stockholder Rights Agreement of Eco-Stim Energy Solutions, Inc., a Nevada corporation (the “Company”), is entered into and effective as of June 6, 2017 (this “First Amendment”), by and between the Company and the undersigned Stockholders, with respect to that certain Amended and Restated Stockholder Rights Agreement dated March 3, 2017 between the Company and the Stockholders identified therein (the “Rights Agreement”). Capitalized terms used but not defined herein shall have the meaning ascribed to each such term in the Rights Agreement.
EQUIPMENT SALES AGREEMENTEquipment Sales Agreement • January 16th, 2014 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • Texas
This Equipment Sales Agreement (this “Agreement”) is dated as of the 21st day of October, 2013 (“Effective Date”) by and between FracRock, Inc, a corporation having a place of business at 2930 W. Sam Houston Pkwy N Suite 275 Houston, Texas 77043 (the “Buyer”) and Weatherford U.S.L.P, a limited partnership having a place of business office at 2000 Saint James Houston, Texas 77056 (the “Seller”).
TERMINATION AND RELEASE AGREEMENTTermination and Release Agreement • November 7th, 2008 • Vision Global Solutions Inc • Services-prepackaged software • California
This Termination and Release Agreement (this “Release” or “Agreement”) is entered into effective as of November 4, 2008 (the “Effective Date”) by and among FORTES FINANCIAL, INC., a Delaware corporation (“Fortes”), VISION GLOBAL SOLUTIONS, INC., a Nevada corporation (“VIGS”), and VGS ACQUISITION CORP., a Delaware corporation (“VGS”)(collectively, the "Parties", and each, "Party"), in consideration of the facts set forth in the Recitals below:
EQUIPMENT SALES AGREEMENTEquipment Sales Agreement • March 28th, 2014 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec
This Equipment Sales Agreement (this “Agreement”) is dated as of the 30th day of December, 2013 (“Effective Date”) by and between Impact Engineering, AS, a Norwegian corporation having a place of business at Stalhaugen 7, 6065 Ulsteinvik, Norway (the “Buyer”) and Viking Rock, AS, Norwegian corporation having a place of business office at Brendehaugen 20, 6065 Ulsteinvik, Norway (the “Seller”).
AMENDED AND RESTATED CONVERTIBLE NOTE FACILITY AGREEMENTConvertible Note Facility Agreement • March 9th, 2017 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • New York
This Amended and Restated Convertible Note Facility Agreement is dated as of March 3, 2017 by and between ECO-STIM ENERGY SOLUTIONS, INC., a Nevada corporation (the “Issuer”), and FT SOF VII HOLDINGS, LLC, a Delaware limited liability company (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.”
EXCLUSIVE SALES AGREEMENTExclusive Sales Agreement • August 12th, 2014 • Eco-Stim Energy Solutions, Inc. • Oil & gas field services, nec • Texas
This Exclusive Sales Agreement dated as of April 30, 2014 (this “Agreement”) between Fotech Oil & Gas Solutions Limited, an English company, (the “Seller”) and Eco-Stim Energy Solutions, Inc. a Nevada corporation, (the “Purchaser”) relates to the granting of exclusivity to the territory of the Argentine Republic and the United Mexican States (collectively the “Territory”) related to the possible purchase by the Purchaser and usage of certain products sold by the Seller including the latest version of the “Helios” data acquisition system and any further developments of and replacements for that system developed during the Term of this Agreement (hereinafter referred to as the “Units”), which are used to perform down-hole monitoring of oil and gas wells using fiber-optics (hereinafter referred to as the “Services”). In this Agreement the Seller and the Purchaser may be referred to collectively as the “Parties” or individually as a “Party”.
