What changed in this filing

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Item 5. Other Information

2022-08-22 compared with 2022-05-13 · 43 added, 29 removed, 26 unchanged (73% of the section changed)

OTHER INFORMATION

On February 14, 2022, we closed an underwritten

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

million, prior to deducting underwriting discounts, commissions, and other offering expenses.

In addition, we granted the underwriter,

EF Hutton, division of Benchmark Investments, LLC ("EF Hutton"), a 45-day option to purchase up to an additional 240,000 shares

of Common Stock at the public offering price per share, less the underwriting discounts and commissions, to cover over-allotments, if

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

Common Stock began trading on the Nasdaq Capital Market on February 14, 2022, under the symbol "VIVK".

EF Hutton, acted as sole

book-running manager for the offering.

Simultaneous with the close of the offering, we converted 66,667 shares of Series A Preferred Stock

in to 833,333 shares of common stock.

We effected a 1-for-30 reverse split of our authorized and outstanding shares of our Common Stock

and preferred stock (the “Reverse Stock Split”) via the filing of a certificate of change with the Nevada Secretary of State

simultaneously with the close of the underwritten public offering, which was effective at the commencement of trading of our Common Stock.

No fractional shares of our common stock were issued as a result of the Reverse Stock Split.

Any fractional shares resulting from the

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.

In conjunction with the offering, approximately $1,228,997 in convertible notes payable were converted into 272,156 shares of common stock.

On February 14, 2022, we closed an

underwritten 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 million, prior to deducting underwriting discounts, commissions, and other offering expenses.

In addition, we

granted the underwriter, EF Hutton, division of Benchmark Investments, LLC (“EF Hutton”), a 45-day option to purchase up

to an additional 240,000 shares of Common Stock at the public offering price per share, less the underwriting discounts and

commissions, to cover over-allotments, if 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 Common Stock began trading on the Nasdaq Capital Market on February 14, 2022,

under the symbol “VIVK”.

EF Hutton, acted as sole book-running manager for the offering.

Simultaneous with the close of

the offering, we converted 66,667 shares of Series A Preferred Stock in to 833,333 shares of common stock.

We effected a 1-for-30

reverse split of our authorized and outstanding shares of our Common Stock and preferred stock (the “Reverse Stock

Split”) via the filing of a certificate of change with the Nevada Secretary of State simultaneously with the close of the

underwritten public offering, which was effective at the commencement of trading of our Common Stock.

No fractional shares of our

common stock were issued as a result of the Reverse Stock Split.

Any fractional shares resulting from the 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.

In conjunction with the

offering, approximately $1,228,997 in convertible notes payable were converted into 272,156 shares of common stock.

Incorporated by

1 unchanged sentence

Exhibit Description

Underwriting Agreement, by and among Vivakor, Inc., and EF Hutton, division of Benchmark Investments, LLC, dated February 11, 2022

Certificate of Change Pursuant to NRS 78.209, filed with the Secretary of State of the State of Nevada on February 11, 2022

Form of Representative’s Warrants

Vivakor 2021 Equity Incentive Plan

Lease Agreement, by and between Vivakor, Inc., and Tar Sands Holdings II, LLC, dated March 9, 2022

Memorandum of Understanding, by and between Vivakor, Inc., and Greenfield Energy, LLC, dated March 8, 2022

Product Off-take Agreement, by and between Vivaventures Energy Group, Inc.

and Hot Oil Tansport, LLC, dated April 26, 2022

Membership Interest Purchase Agreement dated as of June 15, 2022, by and among the Registrant, Jorgan Development, LLC and JBAH Holdings LLC

Form of Secured Promissory Note of Registrant

Product Off-Take Agreement, by and between Vivaventures Energy Group, Inc., and Hot Oil Transport, LLC, dated April 26, 2022

Executive Employment Agreement, dated June 9, 2022, by and between Vivakor, Inc.

and Matthew Nicosia

Executive Employment Agreement, dated June 9, 2022, by and between Vivakor, Inc.

and Tyler Nelson

Form of Shared Services Agreement among Endeavor Crude, LLC, Silver Fuels Delhi LLC and White Claw Colorado City, LLC

Form of Pledge Agreement

F orm of Master Netting Agreement among Registrant, Silver Fuels Delhi LLC, White Claw Colorado City, LLC, Jorgan Development, LLC, JBAH Holdings, LLC, Endeavor Crude, LLC and White Claw Crude, LLC

Form of Guaranty Agreement

Form of Lock-Up Agreement

Form of Assignment of Membership Agreement

Form of Release Agreement

Oil Storage Agreement dated January 1,2021 by and between White Claw Colorado City, LLC and White Claw Crude, LLC

Crude Petroleum Supply Agreement dated January 1,2021 by and between White Claw Crude, LLC and Silver Fuels Delhi LLC

Form of First Amendment to Crude Petroleum Supply Agreement dated January 1,2021 by and between White Claw Crude, LLC and Silver Fuels

Rule 13a-14(a) / 15d-14(a) Certification of Chief Executive Officer.

2 unchanged sentences

Section 1350 Certification of Chief Financial Officer.

Inline XBRL Instance Document (the instance document does not appear in the Interactive Data File

because its XBRL tags are embedded within the Inline XBRL document)

Inline XBRL Instance Document (the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document)

InlineXBRL Taxonomy Extension Schema Document

13 unchanged sentences

Chief Executive Officer (Principal Executive Officer)

August 19, 2022

VIVAKOR, INC.

1 unchanged sentence

Chief Financial Officer (Principal Financial and Accounting Officer)

August 19, 2022

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.

What changed 10-Q

Item 5. Other Information