OTHER INFORMATION
−Removed: Consulting Agreement- DJS Financial
−Removed: Consulting Agreement- Blake Holden
−Removed: Consulting Agreement- James C.
−Removed: Consulting Agreement- Trent Skaggs
−Removed: Stock Purchase - War Chest Multi-Strategy Fund LLC
−Removed: Stock Purchase - Barclay Lyons LLC
−Removed: Certification by Chief Executive Officer Pursuant to Rule 13a-14(a)/15d-14(a), As Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
−Removed: Certification Pursuant to 18 U.S.C.
−Removed: Section 1350, As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
−Removed: Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
+Added: On February 14, 2022, we closed an underwritten
+Added: public offering of 1,600,000 shares of common stock, at a public offering price of $5.00 per share, for aggregate gross proceeds of $8.0
+Added: million, prior to deducting underwriting discounts, commissions, and other offering expenses.
+Added: In addition, we granted the underwriter,
+Added: EF Hutton, division of Benchmark Investments, LLC ("EF Hutton"), a 45-day option to purchase up to an additional 240,000 shares
+Added: of Common Stock at the public offering price per share, less the underwriting discounts and commissions, to cover over-allotments, if
+Added: any, and has issued the underwriter, EF Hutton, 5-year warrants to purchase 80,000 shares of common stock at an exercise price equal $5.75.Our
+Added: Common Stock began trading on the Nasdaq Capital Market on February 14, 2022, under the symbol "VIVK".
+Added: EF Hutton, acted as sole
+Added: book-running manager for the offering.
+Added: Simultaneous with the close of the offering, we converted 66,667 shares of Series A Preferred Stock
+Added: in to 833,333 shares of common stock.
+Added: We effected a 1-for-30 reverse split of our authorized and outstanding shares of our Common Stock
+Added: and preferred stock (the “Reverse Stock Split”) via the filing of a certificate of change with the Nevada Secretary of State
+Added: simultaneously with the close of the underwritten public offering, which was effective at the commencement of trading of our Common Stock.
+Added: No fractional shares of our common stock were issued as a result of the Reverse Stock Split.
+Added: Any fractional shares resulting from the
+Added: Reverse Stock Split were rounded up to the nearest whole share, resulting in a round up issuance of 2,271 shares of our common stock.
+Added: In conjunction with the offering, approximately $1,228,997 in convertible notes payable were converted into 272,156 shares of common stock.
+Added: Incorporated by
+Added: Filed or Furnished
+Added: Exhibit Description
+Added: Underwriting Agreement, by and among Vivakor, Inc., and EF Hutton, division of Benchmark Investments, LLC, dated February 11, 2022
+Added: Certificate of Change Pursuant to NRS 78.209, filed with the Secretary of State of the State of Nevada on February 11, 2022
+Added: Form of Representative’s Warrants
+Added: Vivakor 2021 Equity Incentive Plan
+Added: Lease Agreement, by and between Vivakor, Inc., and Tar Sands Holdings II, LLC, dated March 9, 2022
+Added: Memorandum of Understanding, by and between Vivakor, Inc., and Greenfield Energy, LLC, dated March 8, 2022
+Added: Product Off-take Agreement, by and between Vivaventures Energy Group, Inc.
+Added: and Hot Oil Tansport, LLC, dated April 26, 2022
+Added: Rule 13a-14(a) / 15d-14(a) Certification of Chief Executive Officer.
+Added: Rule 13a-14(a) / 15d-14(a) Certification of Chief Financial Officer.
+Added: Section 1350 Certification of Chief Executive Officer.
+Added: Section 1350 Certification of Chief Financial Officer.
+Added: Inline XBRL Instance Document (the instance document does not appear in the Interactive Data File
+Added: because its XBRL tags are embedded within the Inline XBRL document)
+Added: InlineXBRL Taxonomy Extension Schema Document
+Added: InlineXBRL Taxonomy Extension Calculation Linkbase Document
+Added: InlineXBRL Taxonomy Extension Definition Linkbase Document
+Added: InlineXBRL Taxonomy Extension Label Linkbase Document
+Added: XBRL Taxonomy Extension Presentation Linkbase Document
+Added: Cover Page Interactive Data File (embedded within the Inline XBRL document)
+Added: ** In accordance with SEC Release 33-8238,
+Added: Exhibits 32.1 and 32.2 are being furnished and not filed.
+Added: Pursuant to the requirements
+Added: of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by
+Added: the undersigned, thereunto duly authorized.
VIVAKOR, INC.
−Removed: November 22, 2010
−Removed: /s/ Matt Nicosia
−Removed: Executive Chairman and Chief Executive Officer
−Removed: (Chief Accounting Officer)
+Added: /s/ Matthew Nicosia
+Added: Matthew Nicosia
+Added: Chief Executive Officer (Principal Executive Officer)
+Added: VIVAKOR, INC.
+Added: /s/ Tyler Nelson
+Added: Chief Financial Officer (Principal Financial and Accounting Officer)
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.