--- schema_version: "secwatch.filing_event.v1" accession: "0001829126-26-005020" form_type: "8-K" ticker: "VIVK" cik: "0001450704" company_name: "Vivakor, Inc." filed_at: "2026-05-12T21:25:23+00:00" generated_at: "2026-05-12T21:26:30.837776+00:00" event_type: "debt" sentiment: "negative" materiality_score: 0.85 calibrated_materiality_score: 0.85 confidence: "high" source: SEC EDGAR --- # Vivakor enters forbearance agreements with J.J. Astor & Cedarview, restructuring $7.93M debt ## Summary - J.J. Astor forbearance: $6.82M Second Note + $1.11M Fourth Note due; repayment from RBW Financing (first close by May 7, 2026) and Olenox Transaction. - Cedarview forbearance: extends maturity to Oct 31, 2026; requires $250K prepayment from RBW second tranche and pledge of 2M Olenox shares as collateral. - Issued 275K shares to Cedarview under forbearance; also issued 393K shares to CEO Ballengee, 693K shares to Series A holders, 250K shares to CFO Hawley, and 142K shares to ClearThink. - All equity issuances (1.75M total shares) exempt under Section 4(a)(2) as accredited investors or insiders. ## SEC filing metadata - accession: 0001829126-26-005020 - form_type: 8-K - ticker: VIVK - cik: 0001450704 - company_name: Vivakor, Inc. - filed_at: 2026-05-12T21:25:23+00:00 - event_type: debt - sentiment: negative - materiality_score: 0.85 - calibrated_materiality_score: 0.85 - confidence: high - sec_items: 1.01, 3.02, 9.01 - EDGAR index: https://www.sec.gov/Archives/edgar/data/1450704/000182912626005020/0001829126-26-005020-index.htm - EDGAR primary document: https://www.sec.gov/Archives/edgar/data/1450704/000182912626005020/vivakorinc_8k.htm ## Machine-readable alternates - HTML: https://secwatch.observer/filing/0001829126-26-005020 - JSON: https://secwatch.observer/filing/0001829126-26-005020.json - Plain text: https://secwatch.observer/filing/0001829126-26-005020.txt ## Key facts - Material Agreements Vivakor, Inc. entered into Fourth Forbearance, Note Payment and Registration Rights Amendment Agreement with J.J. Astor & Co. (effective 2026-02-05). - Action: entry - Agreement: credit facility - Counterparty: J.J. Astor & Co. - Effective: 2026-02-05 source text: On February 5, 2026, the Company and the Lender entered into a fourth Forbearance, Note Payment and Registration Rights Amendment Agreement (the “Fourth Forbearance Agreement”), pursuant to which (a) the parties agreed that $5,995,722.21 was then outstanding, due and payable under the Second Note and (b) the Maturity Date of the Second Note was extended to as late as January 1, 2027, and (c) the Company agreed to pay the outstanding balance of the Second Note in the following installments, with payments, payable, at the option of the Company, either in cash or under certain conditions in Conversion Shares issued at the Default Conversion Price that are immediately salable by the Lender under Rule 144, as follows: (i) $50,000 per week commencing Monday, April 6, 2026, (ii) $100,000 per week commencing Monday, July 6, 2026, (iii) $150,000 per week commencing Monday, October 5, 2026, and (iv) $250,000 per week commencing Monday, December 7, 2026, with the outstanding balance to be paid in evidence_url: https://www.sec.gov/Archives/edgar/data/1450704/000182912626005020/0001829126-26-005020-index.htm - Material Agreements Vivakor, Inc. entered into $993,750 Original Principal Amount Junior Secured Promissory Note (the “Fourth Note”) with J.J. Astor & Co. (effective 2026-02-27). - Action: entry - Agreement: notes offering - Counterparty: J.J. Astor & Co. - Effective: 2026-02-27 source text: On February 27, 2026, the Company and the Lender entered into a Third Amendment to Loan Agreement Fourth Forbearance Agreement and Registration Rights Agreement (the “Loan Agreement Amendment No. 3”) and $993,750 Original Principal Amount Junior Secured Promissory Note (the “Fourth Note”). evidence_url: https://www.sec.gov/Archives/edgar/data/1450704/000182912626005020/0001829126-26-005020-index.htm - Material Agreements Vivakor, Inc. entered into Third Amendment to Loan Agreement Fourth Forbearance Agreement and Registration Rights Agreement with J.J. Astor & Co. (effective 2026-02-27). - Action: entry - Agreement: credit facility - Counterparty: J.J. Astor & Co. - Effective: 2026-02-27 source text: On February 27, 2026, the Company and the Lender entered into a Third Amendment to Loan Agreement Fourth Forbearance Agreement and Registration Rights Agreement (the “Loan Agreement Amendment No. 3”) and $993,750 Original Principal Amount Junior Secured Promissory Note (the “Fourth Note”). evidence_url: https://www.sec.gov/Archives/edgar/data/1450704/000182912626005020/0001829126-26-005020-index.htm - Material Agreements Vivakor, Inc. entered into Second Forbearance and Amendment to Loan Agreement and Notes with J.J. Astor & Co. (effective 2025-10-08). - Action: entry - Agreement: credit facility - Counterparty: J.J. Astor & Co. - Effective: 2025-10-08 source text: On October 8, 2025, the Company entered into a Second Forbearance and Amendment to Loan Agreement and Notes, which amended the terms of the Loan Agreement, Initial Note, the RRA, the Second Note and the First Forbearance Agreement (the “Second Forbearance Agreement”). evidence_url: https://www.sec.gov/Archives/edgar/data/1450704/000182912626005020/0001829126-26-005020-index.htm - Material Agreements Vivakor, Inc. entered into Additional Junior Secured Convertible Note (the “Third Note”) with J.J. Astor & Co. valued at $1,620,000 (effective 2025-10-09). - Action: entry - Agreement: notes offering - Counterparty: J.J. Astor & Co. - Value: $1,620,000 - Effective: 2025-10-09 source text: On October 9, 2025, the Company and Lender entered into an Additional Junior Secured Convertible Note (the “Third Note”), under which the Company agreed to issue the Lender the Third Note in the principal amount of $1,620,000, with the Company receiving proceeds of $1,152,000 before subtracting $53,000 for legal fees and origination fees. evidence_url: https://www.sec.gov/Archives/edgar/data/1450704/000182912626005020/0001829126-26-005020-index.htm This AI-assisted summary is a reading aid. Review the linked SEC EDGAR filing before relying on any specific claim.