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Vivakor Inc

For the period ended Mar 31, 2024. Filed May 20, 2024.

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About this filing

A company's report for each of its first three quarters. The financial statements are not audited. It shows how the business has moved since the last annual report, and what management says changed.

Mar 31, 2024 · Filed May 20, 2024

VIVK$0.29-22.8%Stored close · as of Nov 10, 2026

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ITEM 6. Exhibits

EXHIBIT INDEX

Incorporated by Reference · Filed or Furnished
Exhibit No.Exhibit DescriptionFormDateNumberHerewith
2.1Agreement and Plan of Merger dated February 26, 2024 by and among Vivakor, Inc., Empire Energy Acquisition Corp., and Empire Diversified Energy, Inc.8-K3/1/242.1
2.2Membership Interest Purchase Agreement dated as of March 21, 2024, by and among the Registrant, Jorgan Development, LLC and JBAH Holdings LLC re Endeavor Entities8-K3/25/242.1
3.1Certificate of Amendment to Amended and Restated Articles of Incorporation, filed with the Secretary of State of the State of Nevada on January 5, 20248-K1/11/243.1
3.2Form of Certificate of Designation-Series A Preferred Stock8-K3/25/243.1
4.1Vivakor, Inc. Promissory Note dated February 5, 2024, in the principal amount of $3,000,000 issued to Cedarview Opportunities Master Fund LP8-K2/12/244.1
10.1*Vivakor, Inc. 2023 Equity and Incentive PlanS-82/9/2499.1
10.2Loan and Security Agreement dated February 5, 2024, by and among Vivakor, Inc., as borrower, subsidiaries of Vivakor, Inc., as guarantors, the lenders party thereto, and Cedarview Opportunities Master Fund LP, as agent for the lenders8-K2/12/2410.1
10.3Pledge Agreement dated February 5, 2024, by and among Vivakor, Inc., each of Vivakor, Inc.’s subsidiaries party thereto and Cedarview Opportunities Master Fund LP, as agent for the lenders8-K2/12/2410.2
10.4Guaranty dated February 5, 2024, by and among subsidiaries of Vivakor, Inc. and Cedarview Opportunities Master Fund LP8-K2/12/2410.3
10.5Security Agreement dated February 5, 2024, between Vivakor, Inc., and Cedarview Opportunities Master Fund LP8-K2/12/2410.4
10.6Form of Parent Voting and Support Agreement re Empire Merger Agreement8-K3/1/2410.1
10.7Form of Empire Voting and Support Agreement re Empire Merger Agreement8-K3/1/2410.2
10.8Form of Lock-Up Agreement re Empire Merger Agreement8-K3/1/2410.3
10.9Form of Escrow Agreement re Empire Merger Agreement8-K3/1/2410.4
10.10Form of Lockup Agreement re Endeavor MIPA8-K3/25/2410.1
10.11Net Working Capital Sample Calculation re Endeavor MIPA8-K3/25/2410.2
10.12Form of First Amended and Restated Master Netting Agreement re Endeavor MIPA8-K3/25/2410.3
10.13Convertible Promissory Note dated March 29, 2024 with Keke Mingo8-K4/12/244.1
31.1Certification of Principal Executive Officer, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002Filed
31.2Certification of Principal Financial Officer, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002Filed
32.1Certification of Principal Executive Officer, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002Furnished**
32.2Certification of Principal Financial Officer, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002Furnished**
101.INSInline XBRL Instance DocumentFiled
101.SCHInline XBRL Taxonomy Extension Schema DocumentFiled
101.CALInline XBRL Taxonomy Extension Calculation Linkbase DocumentFiled
101.DEFInline XBRL Taxonomy Extension Definition Linkbase DocumentFiled
101.LABInline XBRL Taxonomy Extension Label Linkbase DocumentFiled
101.PREInline XBRL Taxonomy Extension Presentation Linkbase DocumentFiled
104Cover Page Interactive Data File (formatted in IXBRL, and included in exhibit 101).
*Management contract or compensatory plan or arrangement.
**These exhibits are being furnished rather than filed and shall not be deemed incorporated by reference into any filing, in accordance with Item 601 of Regulation S-K.
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The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.