Vivakor, Inc. — fact timeline

Patrick M. Knapp was appointed as Executive Vice President, General Counsel, and Secretary at Vivakor, Inc..

“Pat Knapp, 39, Executive Vice President, General Counsel, and Secretary”

Michael Thompson was appointed as Independent Director and Chair of the Audit Committee at Vivakor, Inc..

“On June 3, 2024, the Board of Directors (the “Board”) of Vivakor, Inc. (the “Company”) appointed Mr. Michael Thompson as a member of the Board, effective immediately.”

Vivakor, Inc. amended convertible notes of $1,000,000 at 10% per annum maturing December 31, 2024.

“on Form 8-K filed with the Securities and Exchange Commission on February 2, 2024, the Company received a loan from a non-affiliated individual lender in the principal amount of $1,000,000 (the “Loan”) and, in connection therewith, the Company agreed to issue 100,000 restricted shares of the Company’s common stock. The Loan bears interest at the rate of 10%”

Vivakor, Inc. amended Amended Note with non-affiliated individual lender valued at $1,000,000 (effective 2024-04-08).

“On April 8, 2024, the lender returned an executed amended and restated convertible promissory note for the Loan (the “Amended Note”).”

Vivakor, Inc. entered into Membership Interest Purchase Agreement with Jorgan Development, LLC and JBAH Holdings, LLC valued at $120 million (effective 2024-03-21).

“Vivakor, Inc., (the “Company” or “Purchaser”) entered into a Membership Interest Purchase Agreement, a copy of which is filed herewith as Exhibit 2.1 (the “MIPA”) and incorporated by reference herein, with Jorgan Development, LLC, a Louisiana limited liability company (“Jorgan”) and JBAH Holdings, LLC, a Texas limited liability company (“JBAH” and, together with Jorgan, the “Sellers”)”

Vivakor, Inc. entered into Agreement and Plan of Merger with Empire Diversified Energy, Inc. valued at an aggregate of 67,200,000 shares (the “Consideration Shares”) of the Parent’s common stock, par val (effective 2024-02-26).

“On February 26, 2024 (the “Execution Date”), Vivakor, Inc., a Nevada corporation (the “Parent”), entered into an Agreement and Plan of Merger (the “Merger Agreement”) with Empire Energy Acquisition Corp., a Delaware corporation and wholly owned subsidiary of the Parent (“Merger Sub”), and Empire Diversified Energy, Inc., a Delaware corporation (“Empire””

Vivakor, Inc. incurred term loan of $3,000,000 with Cedarview Opportunities Master Fund LP at 22% per annum maturing May 5, 2025.

“the Company issued a secured promissory note (the “ Note ”) in the principal amount of $3,000,000, and the Lenders agreed to provide a $3,000,000 term loan to the Company (the “ Term Loan ”).”

Vivakor, Inc. entered into Loan and Security Agreement and Secured Promissory Note with Cedarview Opportunities Master Fund LP valued at principal amount of $3,000,000, interest rate per annum of 22% (effective 2024-02-06).

“On February 5, 2024, Vivakor, Inc. (the “ Company ”), as the borrower; Vivaventures Management Company, Inc., Vivaventures Oil Sands, Inc., Silver Fuels Delhi, LLC, White Claw Colorado City, LLC, Vivaventures Remediation Corporation and Vivaventures Energy Group, Inc., which are the Company’s subsidiaries, as guarantors (collectively, the “ Guarantors ” or “ Subsidiaries ”); Cedarview Opportunities Master Fund LP, as the lender (the “ Lender ”); and Cedarview Capital Management, LLC, as the agent (the “ Agent ”), entered into a Loan and Security Agreement (the “ Loan and Security Agreement ”).”

Vivakor, Inc. incurred loan of $1,000,000 with individual lender at 10% per annum maturing December 31, 2024.

“On December 5, 2023, Vivakor, Inc. (the “Company”) received a loan from an individual lender in the principal amount of one million dollars ($1,000,000)”

Vivakor, Inc.: Increased authorized capital stock to 215,000,000 shares and changed federal forum selection provisions (effective 2024-01-05).

“filed a Certificate of Amendment (the “Amendment to Articles”) to the Company’s Amended and Restated Articles of Incorporation, as amended, with the Secretary of State of the State of Nevada effecting (i) the increase of the number of shares of capital stock the Company is authorized to issue to 215,000,000, comprised of 200,000,000 shares of common stock, par value $0.001 per share, and 15,000,000 shares of preferred stock, par value $0.001 per share, and (ii) certain changes to the federal forum selection provisions contained therein.”

Vivakor, Inc. shareholders approved Approval, on a non-binding advisory basis, the compensation of the Company's named executive officers at the 2023-12-15 meeting.

“Proposal 3 Approval, on a non-binding advisory basis, the compensation of the Company's named executive officers: Votes For Votes Against Votes Abstained Broker Non-Votes 15,103,982 457,657 22,039 4,720,792”

Vivakor, Inc. shareholders approved Ratification of the selection of Marcum LLP as the Company's independent registered public accounting firm for the fiscal year ending December 31, 2023 at the 2023-12-15 meeting.

“Proposal 2 Ratification of the selection of Marcum LLP as the Company's independent registered public accounting firm for the fiscal year ending December 31, 2023: Votes For Votes Against Votes Abstained Broker Non-Votes 20,119,415 176,905 0 -”

Vivakor, Inc. shareholders approved Election of the four nominees to the Company's board of directors at the 2023-12-15 meeting.

“Proposal 1 Election of the four nominees to the Company's board of directors: Name Votes For Votes Against Withheld Broker Non-Votes Percentage Voted For James Ballangee 15,565,565 0 18,113 4,720,792 76.66 % Tyler Nelson 9,262,710 0 6,320,968 4,720,792 45.62 % John Harris 15,570,039 0 13,639 4,720,792 76.68 % Albert Johnson 15,522,700 0 60,978 4,720,792 76.45 %”

Vivakor, Inc. received a nasdaq deficiency notice notice regarding audit committee (rules 5605(b)(1), 5605(c)(2)(A), 5605(a)(2), 5605(b)(1)(A), 5605(c)(4)).

“December 12, 2023, the Company received notice (the “Notice”) from the Listing Qualifications Department of The Nasdaq Stock Market LLC (“ Nasdaq ”) notifying the Company that, based upon the resignation of David Natan from the Board, the Company is not currently in compliance with the board of directors independence requirements set forth in Nasdaq Listing Rule 5605(b)(1) and the requirement in Nasdaq Listing Rule 5605(c)(2)(A) to have an audit committee comprised of at least three independent directors. The Company informed Nasdaq of Mr. Natan’s resignation on December 7, 2023. As a result o”

David Natan resigned as Director at Vivakor, Inc..

“The information regarding David Natan’s resignation contained in”

Vivakor, Inc. received a nasdaq deficiency notice notice regarding minimum bid price (rules 5550(a)(2), 5810(c)(3)(A)).

“November 22, 2023, Vivakor, Inc. (the “Company”) received a deficiency notification letter from the Listing Qualifications Staff of the Nasdaq Stock Market LLC (“Nasdaq”) indicating that the Company was not in compliance with Nasdaq Listing Rule 5550(a)(2) because the bid price for the Company’s common stock had closed below $1.00 per share for the previous 33 consecutive business days. In accordance with Nasdaq Listing Rule 5810(c)(3)(A), the Company can regain compliance with the minimum bid price requirement at any time within the 180 calendar day period following receipt of the Nasdaq noti”

Vivakor, Inc. shareholders approved Adjournment of the stockholder meeting at the 2023-11-10 meeting.

“Proposal 6 Adjournment of the stockholder meeting: Votes For Votes Against Votes Abstained Percentage Voted For 9,851,309 442,657 6,710 95.69%”

Vivakor, Inc. shareholders approved Approval of Amendment to Articles of Incorporation to increase the Company's authorized number of shares of Common Stock to 200 million at the 2023-11-10 meeting.

“Proposal 5 Approval of Amendment to Articles of Incorporation to increase the Company's authorized number of shares of Common Stock to 200 million: Votes For Votes Against Votes Abstained Percentage Voted For 9,450,108 844,481 6,067 91.79%”

Vivakor, Inc. shareholders approved Approval of Amendment to Articles of Incorporation to amend its federal forum selection provision at the 2023-11-10 meeting.

“Proposal 4 Approval of Amendment to Articles of Incorporation to amend its federal forum selection provision: Votes For Votes Against Votes Abstained Percentage Voted For 9,926,174 362,284 12,218 96.47%”

Vivakor, Inc. shareholders approved Approval of Vivakor, Inc. 2023 Equity and Incentive Plan at the 2023-11-10 meeting.

“Proposal 3 Approval of Vivakor, Inc. 2023 Equity and Incentive Plan: Votes For Votes Against Votes Abstained Percentage Voted For 9,495,236 804,471 967 92.18%”

Vivakor, Inc. shareholders approved Approval of CEO Compensation Shares Issuance at the 2023-11-10 meeting.

“Proposal 2 Approval of CEO Compensation Shares Issuance: Votes For Votes Against Votes Abstained Percentage Voted For 9,526,139 762,770 11,767 92.48%”

Vivakor, Inc. shareholders approved Approval of Acquisition Stock Issuance, pursuant to the Membership Interest Purchase Agreement at the 2023-11-10 meeting.

“Proposal 1 Approval of Acquisition Stock Issuance, pursuant to the Membership Interest Purchase Agreement: Votes For Votes Against Votes Abstained Percentage Voted For 9.872,421 427,484 771 95.84%”

Vivakor, Inc. incurred loan of $1,950,000 with Al Dali International for Gen. Trading & Cont. Co. at 15%.

“On June 20, 2023, the Company issued a 15% secured promissory note (the “Note”) due as described below, to DIC, in the principal amount of up to $1,950,000”

Vivakor, Inc. entered into Secured Promissory Note with Al Dali International for Gen. Trading & Cont. Co. valued at Up to $1,950,000 (effective 2023-06-20).

“On June 20, 2023, the Company issued a 15% secured promissory note (the “Note”) due as described below, to DIC, in the principal amount of up to $1,950,000 (the “Principal Amount”), in relation to the Services Agreement.”

Vivakor, Inc. received a nasdaq deficiency notice notice regarding late filing (rules 5250(c)(1)).

“May 18, 2023, the Company received a notice (the “Notice”) from the Nasdaq Listing Qualifications staff of The Nasdaq Stock Market LLC (“Nasdaq”) indicating that as a result of not having timely filed its Form 10-Q and remaining delinquent in filing its Form 10-K, the Company is not in compliance with Nasdaq Listing Rule 5250(c)(1), which requires listed companies to timely file all required periodic financial reports with the Securities and Exchange Commission (the “Commission”). Pursuant to the Notice, Nasdaq informed the Company that it is required to submit a plan (the “Plan”) to regain co”

Vivakor, Inc. received a nasdaq deficiency notice notice regarding late filing (rules 5250(c)(1)).

“April 20, 2023, the Company received a notice (the “Notice”) from the Nasdaq Listing Qualifications staff of The Nasdaq Stock Market LLC (“Nasdaq”) indicating that as a result of not having timely filed its Form 10-K, the Company is not in compliance with Nasdaq Listing Rule 5250(c)(1), which requires listed companies to timely file all required periodic financial reports with the Securities and Exchange Commission. Pursuant to the Notice, Nasdaq informed the Company that it is required to submit a plan (the “Plan”) to regain compliance with Nasdaq’s continued listing requirements within 60 ca”

Tyler Nelson was appointed as Director at Vivakor, Inc..

“the Board appointed Tyler Nelson, the Company’s Chief Financial Officer, as a member of the Board”

Albert Johnson was appointed as Director at Vivakor, Inc..

“appointed John Harris and Albert Johnson as independent members of the Board”

John Harris was appointed as Director at Vivakor, Inc..

“appointed John Harris and Albert Johnson as independent members of the Board”

Trent Staggs resigned as Director at Vivakor, Inc..

“On January 4, 2023, Trent Staggs advised the Board of Directors (the “Board”) of Vivakor, Inc. (the “Company”) of his resignation, effective immediately, from the Board and from his positions as a member of the Audit Committee and as chairman of the Compensation Committee and the Nominating and Corporate Governance Committee.”

Vivakor, Inc. entered into Land Lease Agreement with W&P Development Corporation valued at Monthly rent is $0 for the first three months and then, beginning at month 4, is approximately $7,00 (effective 2022-12-16).

“On December 16, 2022, a subsidiary of Vivakor, Inc. (the “Company”), VivaVentures Remediation Corp., entered into a Land Lease Agreement (the “Land Lease”) with W&P Development Corporation, under which the Company agreed to lease approximately 3.5 acres of land in Houston, Texas (commonly known as The San Jacinto River & Rail Park, 18511 Beaumont Highway, Houston, Texas).”

David Natan was appointed as member of the Board at Vivakor, Inc..

“On December 15, 2022, the Board of Directors (the “Board”) of the Company appointed David Natan to the Board, as Chair of the Audit Committee and as a member of the Compensation Committee and the Nominating and Governance Committee, and Mr. Natan accepted appointment to such positions.”

Al Ferrara resigned as Director at Vivakor, Inc..

“On November 28, 2022, Al Ferrara advised the Board of Directors (the “Board”) of Vivakor, Inc. (the “Company”) of his resignation from the Board, effective immediately.”

James Ballengee was appointed as Chief Executive Officer and President at Vivakor, Inc..

“James Ballengee, 57, Chief Executive Officer and President”

Matthew Nicosia resigned as Chief Executive Officer and Chairman of the Board at Vivakor, Inc..

“On September 30, 2022, the Board of Directors of Vivakor, Inc. (the “Company”) received notice from Matthew Nicosia, the Company’s Chief Executive Officer and Chairman of the Board of Directors of his resignation from such positions effective as of October 6, 2022.”

Joseph Spence resigned as Director at Vivakor, Inc..

“On July 1, 2022, Joseph Spence advised the Board of Directors (the “Board”) of Vivakor, Inc. (the “Company”) of his resignation from the Board, effective immediately.”