Vivakor Enters Forbearance Agreements with Convertible Noteholders, Extending Maturities to 2027
MWN-AI** Summary
Vivakor, Inc. (OTC: VIVK), a company focused on energy transportation, storage, reuse, and remediation services, has announced the signing of forbearance agreements with eight investors holding its convertible promissory notes. These agreements extend the maturity date of the notes to January 2027, while also revising payment terms to help the company solidify its capital structure and meet Nasdaq listing requirements.
Under the new agreements, the investors will temporarily refrain from pursuing default remedies, providing Vivakor time to align its finances while ensuring compliance with modified terms. They require scheduled cash payments leading up to maturity, which aids Vivakor in managing its near-term financial obligations. CEO James Ballengee expressed that these arrangements create additional headroom to address obligations and bolster the company's financial structure as it seeks to regain its Nasdaq listing.
The company is poised to fund these obligations with the proceeds from a non-binding Letter of Intent to sell its midstream business and transportation assets for approximately $36 million to Olenox Industries, Inc. This deal is expected to generate cash, stock, and promissory notes, and is underpinned by expected annual EBITDA of $4.56 million.
While conversions under the convertible notes are restricted unless the company fails to make the required payments or does not secure relisting by February 28, 2026, there exists a provision for an extension if they apply for a reverse stock split. Overall, the forbearance agreements reduce both maturity and conversion pressures as Vivakor navigates its path toward compliance and explores strategic opportunities for long-term growth.
Investors should remain cautious, as the company's future compliance with Nasdaq requirements and fulfillment of the agreements is not guaranteed.
MWN-AI** Analysis
Vivakor, Inc. (OTC: VIVK) has taken significant steps to stabilize its financial health by entering into forbearance agreements with convertible noteholders, extending the maturity of its notes to January 2027. This move follows the company's ongoing efforts to comply with Nasdaq listing standards, crucial for its long-term growth trajectory. The extended maturity grants Vivakor additional time to address immediate financial obligations while preserving liquidity – a critical factor for companies operating in a volatile market.
The revised payment terms also alleviate near-term pressures, allowing the company to focus on strategic initiatives, including the proposed $36 million sale of its midstream business assets to Olenox Industries. This transaction is anticipated to bolster cash reserves through a combination of cash and equity, which may further support Vivakor's operational capabilities while addressing its debt obligations.
While these developments are promising, investors should remain aware of potential risks. The ability to execute the sale and regain Nasdaq compliance hinges on various factors, including regulatory approvals and market conditions. Additionally, the limitation on note conversions, tied to compliance with payment schedules, indicates a focused effort to manage shareholder dilution, an important consideration for existing investors.
In light of these developments, it may be prudent for investors to adopt a cautiously optimistic stance. A successful sale of assets and a subsequent regain of Nasdaq compliance could lead to a more favorable market sentiment and an increase in stock price. However, uncertainty remains, particularly concerning regulatory approvals and the overall economic landscape. Therefore, investors might consider closely monitoring Vivakor's progress and market conditions, framing any investment decisions within the broader context of operational performance and strategic execution.
**MWN-AI Summary and Analysis is based on asking OpenAI to summarize and analyze this news release.
Dallas, TX, Feb. 09, 2026 (GLOBE NEWSWIRE) -- Vivakor, Inc. (OTC: VIVK) (“Vivakor” or the “Company”), an integrated provider of energy transportation, storage, reuse, and remediation service, today announced that it has entered into forbearance agreements with eight investors holding the Company’s convertible promissory notes, extending maturities until 2027 and revising payment terms as part of its ongoing efforts to address its capital structure and support compliance with Nasdaq listing standards.
Under the terms of the agreements, the noteholders have agreed to forbear from exercising default remedies, subject to Vivakor’s compliance with amended terms. The agreements extend the maturity of the notes to January 2027 and establish revised payment schedules requiring scheduled cash payments through maturity.
Vivakor Chairman and Chief Executive Officer James Ballengee, commented, “These agreements provide additional time and address our near-term obligations and align our capital structure as we complete the steps required to restore our Nasdaq listing. Our ability to extend and pay off these Noteholders is supported by our recently executed non-binding Letter of Intent to sell our midstream business and transportation assets of CPE Gathering MidCon, LLC to Olenox Industries, Inc. for approximately $36 million, which would be paid in a combination of cash, promissory note, common and preferred stock, and is based on $4.56 million in annual EBITDA, pursuant to a take-or-pay guarantee of Vivakor. Concurrently, we continue to evaluate strategic, operational, and financial alternatives to strengthen the Company’s long-term position.”
Conversions under the notes are limited unless the Company fails to make the agreed payments or does not get relisted on Nasdaq by February 28, 2026. This deadline may be extended if the Company has applied for a reverse stock split and is awaiting regulatory approval necessary to complete the split. As a result of the amended terms, the agreements reduce near-term maturity and conversion pressure while the Company works to complete the steps required to regain compliance with Nasdaq listing standards.
The Company entered into the agreements as part of its ongoing efforts to address its capital structure, preserve liquidity, and support compliance with Nasdaq listing standards, while it continues to evaluate strategic, operational, and financial alternatives to enhance long-term value.
There can be no assurance that the Company will regain compliance with Nasdaq listing requirements, get relisted on Nasdaq, or meet all obligations under the forbearance agreements.
The foregoing description does not purport to be complete and is qualified in its entirety by reference to the full agreements filed with the Company’s Current Reports on Form 8-K.
About Vivakor, Inc.
Vivakor, Inc. is an integrated provider of sustainable energy transportation, storage, reuse, and remediation services, operating one of the largest fleets of oilfield trucking services in the continental United States. Its corporate mission is to develop, acquire, accumulate, and operate assets, properties, and technologies in the energy sector. Vivakor’s integrated facilities assets provide crude oil and produced water gathering, storage, transportation, reuse, and remediation services under long-term contracts.
Once operational, Vivakor's oilfield waste remediation facilities will facilitate the recovery, reuse, and disposal of petroleum byproducts and oilfield waste products.
For more information, please visit our website: http://vivakor.com
Cautionary Statement Regarding Forward-Looking Statements
This news release may contain forward-looking statements. Such forward-looking statements are based upon the current beliefs and expectations of our management and are inherently subject to significant business, economic and competitive uncertainties and contingencies, many of which are difficult to predict and generally beyond our control. Actual results and the timing of events may differ materially from the results anticipated in these forward-looking statements. Forward-looking statements may be identified but not limited by the use of the words "anticipates," "expects," "intends," "plans," "should," "could," "would," "may," "will," "believes," "estimates," "potential," or "continue" and variations or similar expressions. Our actual results may differ materially and adversely from those expressed in any forward-looking statements as a result of various factors and uncertainties, including, but not limited to, , the expected transaction and ownership structure, the valuation of the transaction, the likelihood and ability of the parties to successfully and timely consummate planned acquisitions, the risk that any required regulatory approvals are not obtained, are delayed or are subject to unanticipated conditions that could adversely affect Vivakor or the expected benefits of the such transaction, our ability to maintain the listing of our securities on The Nasdaq Capital Market, the parties failure to realize the anticipated benefits of pending transactions, disruption and volatility in the global currency, capital, and credit markets, changes in federal, local and foreign governmental regulation, changes in tax laws and liabilities, tariffs, legal, regulatory, political and economic risks, our ability to successfully develop products, rapid change in our markets, changes in demand for our future products, and general economic conditions.
These risks and uncertainties include, but are not limited to, risks and uncertainties discussed in Vivakor's filings with the U.S. Securities and Exchange Commission, which factors may be incorporated herein by reference. Actual results, performance or achievements may differ materially, and potentially adversely, from any projections and forward-looking statements and the assumptions on which those forward-looking statements are based. There can be no assurance that the data contained herein is reflective of future performance to any degree. You are cautioned not to place undue reliance on forward-looking statements as a predictor of future performance as projected financial information and other information are based on estimates and assumptions that are inherently subject to various significant risks, uncertainties and other factors, many of which are beyond our control. All information set forth herein speaks only as of the date hereof in the case of information about Vivakor and the Endeavor Entities or the date of such information in the case of information from persons other than Vivakor and the Endeavor Entities, and we disclaim any intention or obligation to update any forward-looking statements as a result of developments occurring after the date of this communication. Forecasts and estimates regarding the Endeavor Entities industries and markets are based on sources we believe to be reliable; however, there can be no assurance these forecasts and estimates will prove accurate in whole or in part.
Investors
P:949-281-2606
info@vivakor.com
FAQ**
What are the specific terms of the forbearance agreements that Vivakor Inc. VIVK entered into with its investors regarding the convertible promissory notes, and how do they impact the company’s liquidity and cash flow management?
How does the potential sale of CPE Gathering MidCon, LLC to Olenox Industries, Inc. for $36 million align with Vivakor Inc. VIVK’s long-term strategic goals and efforts to regain compliance with Nasdaq listing standards?
What contingencies exist in the forbearance agreements that could lead to the exercise of default remedies by noteholders for Vivakor Inc. VIVK, and how might this affect the company's financial stability?
In the context of Vivakor Inc. VIVK’s anticipated relisting on Nasdaq, what regulatory approvals or corporate actions are necessary to mitigate risks associated with the ongoing capital restructuring and operational evaluations?
**MWN-AI FAQ is based on asking OpenAI questions about Vivakor Inc. (NASDAQ: VIVK).
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