[1]

On October 31, 2024, we issued a secured promissory note in the principal amount of $3,670,160 with maturity on October 31, 2025. On November 5 and 6, 2024, the Company received the net proceeds from the Term Loan less (i) a 3% origination fee, and (ii) repayment of $2,000,000 in outstanding principal, $68,009 in accrued interest, and a $242,991 prepayment fee pursuant to that certain Loan and Security Agreement dated February 5, 2024, by and between the Company. The amounts borrowed under the Loan Agreement will bear interest at a rate per annum of 22%. The Company is obligated to make 12 equal monthly payments of $343,506 beginning November 30, 2024.

[2]

In connection with the Closing of the Endeavor Entities on October 1, 2024, we acquired a certain Promissory Note dated November 12, 2020, in the original principal amount of $12,275,000, with interest accruing at LIBOR rate plus 3% per annum with a maturity of November 12, 2025.

[3]

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) and, in connection therewith, the Company (the “Loan”) and agreed to issue 100,000 restricted shares of the Company’s common stock, which was recorded as a debt discount in the amount of $93,990, which is amortized to interest expense over the term of the agreement using the effective interest method. The Loan bears interest at the rate of 10% per annum, matures on December 31, 2024, has been personally guaranteed by James Ballengee, the Company’s Chief Executive Officer. The lender is not a related party or affiliate of the Company. On April 8, 2024, we executed an amended and restated convertible promissory note for the original promissory note (the “Amended Note”). The convertible promissory note replaces an original promissory note between the Company and the holder dated December 5, 2023 (the “Original Note”), but maintains the same interest rate and maturity date of the Original Note, and the obligation to issue 100,000 shares of the Company’s restricted stock remains in effect. Pursuant to the terms of the Amended Note the holder can convert the outstanding principal and interest due under the Amended Note into shares of our common stock at price equal to 90% of the average closing price of the Company’s common stock for the previous three (3) trading days prior to the conversion date, with a floor conversion price of $0.75 per share. The holder may not convert amounts owed under the Amended Note if such conversion would cause him to own more than 4.99% of our common stock after giving effect to the issuance, which limitation may be raised to 9.99% upon no less than 61 days notice to us regarding his desire to increase the conversion limitation percentage. In May 2024, the lender converted all outstanding amounts ($1,048,493) into 903,095 shares of common stock at approximately $1.161 per share.

[4]

In connection with the Closing of the Endeavor Entities on October 1, 2024, we acquired a certain Secured Promissory Note dated December 31, 2023, made by Meridian Equipment Leasing, LLC, as borrower, to the order of Pilot OFS Holdings LLC, as lender, in the original principal amount of $12,500,000 plus the sum of $500,000, with interest accruing at 10.5% per annum with a maturity of December 31, 2024. We are currently renegotiating the payment and maturity date of this loan with the lender.

[5]

In connection with the Closing of the Endeavor Entities on October 1, 2024, we acquired various lending agreements dated December 22, 2022, November 20, 2023, and February 13, 2024, with principal balances ranging from approximately $1.2 million to $3.5 million, with approximate interest rates of 6%., and maturing between 8 and 27 months.

[6]

Upon the Closing of our acquisition of the Endeavor Entities, the Company acquired a cash advance agreement by and between Curve Capital, LLC dated November 30, 2023. Under the agreement, the listed borrowers received $970,000 and is required to make weekly payments of $76,000. The agreement is anticipated to be paid off by June 2025.

[7]

Upon the Closing of our acquisition of the Endeavor Entities, the Company acquired a certain lending agreement dated September 27, 2024. Under the Agile Agreement, the listed borrowers received $1,420,000 in October 2024, and is required to make weekly payments of $126,000. The note matures on April 29, 2025.

[8]

In connection with the closing of the Endeavor Entities on October 1, 2024, the Company acquired various vehicle financing loans related to the acquired assets of the Endeavor Entities. The various loans range from $25,000 to $72,000 in principal, with varying interest rates ranging up to 6.50% per annum, and mature in or before 2027.

[9]

In May 2020 and in January 2021, the Company entered into a Paycheck Protection Program (“PPP”) loan agreement for $205,100 for each loan with Blue Ridge Bank, subject to the Small Business Administration’s (“SBA”) Paycheck Protection Program. The May 2020 loan carries an annual interest rate of one (1) percent per annum with payment beginning in the seventh month with monthly payments required until maturity in the 18^th month. The January 2021 loan carries an annual interest rate of one (1) percent per annum with payment beginning in the tenth month with monthly payments required until maturity in five years. The loans may be fully forgivable according to the CARES Act if the Company can provide proper documentation for the use of the proceeds of the loan. We have applied for forgiveness under the CARES Act, however The Company is no longer seeking forgiveness of these loans and will repay these loans in cash.

[10]

From May through August 2020, the Company entered into two loan agreements with the Small Business Administration for an aggregate loan amount of $299,900. The loans carry an interest rate of 3.75% per annum. The loans shall mature in 30 years. Also, with the close of the acquisition of the Endeavor Entities on October 1, 2024, we acquired two additional loans with the Small Business Administration, which are PPP loans with an aggregate principal balance of $2,150,455, which have monthly payments of $30,374 and $35,204, an interest rate of 6.29% and mature February 2026. A significant portion of the loans may be fully forgivable according to the CARES Act if the Company can provide proper documentation for the use of the proceeds of the loan.

[11]

On July 25, 2023, RSF, LLC loaned the Company $500,000 under the terms of a 10% Convertible Promissory Note. Under the terms of the note, interest accrues at 10% per annum, and matures two years from the date of issuance. The note is convertible into shares of our common stock at $2.50 per share, unless such conversion would cause the investor to own more than 4.9% of our outstanding common stock.