EVO Transportation & Energy Services, Inc., a Delaware corporation COMMON STOCK PURCHASE WARRANTEVO Transportation & Energy Services, Inc. • August 6th, 2018 • Retail-auto dealers & gasoline stations
This Common Stock Purchase Warrant (this “Warrant”) certifies that, for value received, the Warrant Holder named above is entitled to purchase from EVO Transportation & Energy Services, Inc., a Delaware corporation (the “Company”), during the period specified in this Warrant, 1,200,000 fully paid and non-assessable shares of Common Stock (“Warrant Stock”), at the purchase price per share provided in Section 1.2 of this Warrant (the “Warrant Exercise Price”), all subject to the terms and conditions set forth in this Warrant. Capitalized terms not otherwise defined shall have the meanings set forth in Section 5 below.
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • August 6th, 2018 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • Arizona
This Executive Employment Agreement (the “Agreement”) is entered into and effective as of July 25, 2018 (the “Effective Date”), by and between EVO Transportation & Energy Services, Inc. (the “Company”) and Michael Zientek (“Executive”).
SECURITY AGREEMENTSecurity Agreement • August 6th, 2018 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • Arizona
This Security Agreement (the “Agreement”) is made as of July 20, 2018 by EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation (the “Debtor”) in favor of Dan Thompson II LLC and each other Investor (as defined below) that may become party to the Note Purchase Agreement (as defined below) from time to time, as Secured Parties (as defined below).
CONFIDENTIAL SETTLEMENT AGREEMENT AND MUTUAL RELEASEConfidential Settlement Agreement and Mutual Release • August 6th, 2018 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • Minnesota
This Confidential Settlement Agreement and Mutual Release (“Agreement”), is made and entered into as of July 31, 2018 (the “Effective Date”), by and among Red Ocean Consulting, LLC, a Florida limited liability company, Brenton Hayden, Richard H. Enrico Revocable Trust Dated June 9, 1998, and Richard H. Enrico (collectively, the “Creditors”), on the one hand, and Titan CNG, LLC, a Delaware limited liability company, Titan El Toro, LLC, a Delaware limited liability company, Titan Diamond Bar, LLC, a Delaware limited liability company, Titan Blaine, LLC, a Minnesota limited liability company, Kirk Honour, Scott Honour, John Yeros, Minn Shares Inc., now known as EVO Transportation & Energy Services, Inc., a Delaware corporation (collectively, the “Debtors”), on the other hand. The Creditors and the Debtors are collectively referred to herein as the “Parties.”
Secured Convertible Promissory Note Purchase AgreementConvertible Promissory Note Purchase Agreement • August 6th, 2018 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • Arizona
This Secured Convertible Promissory Note Purchase Agreement (the “Agreement”) dated as of July 20, 2018 is made and entered into by and among EVO Transportation & Energy Services, Inc., a Delaware corporation (the “Company”), each purchaser listed on Schedule I hereto (each, an “Investor”).
