Vivakor Enters Forbearance Agreements with Convertible Noteholders, Extending Maturities to 2027
Rhea-AI Summary
Vivakor (OTC: VIVK) entered forbearance agreements with eight convertible noteholders, extending note maturities to January 2027 and establishing revised cash payment schedules through maturity to reduce near-term conversion and default pressure.
The company cited a non-binding LOI to sell CPE Gathering MidCon to Olenox for approximately $36 million and said the measures aim to preserve liquidity and support steps to regain Nasdaq compliance by Feb 28, 2026.
Positive
- Maturities extended to January 2027, easing immediate default risk
- Non-binding LOI values midstream assets at approximately $36 million
- Conversions limited unless payment or Nasdaq relisting conditions fail
Negative
- Nasdaq relisting remains uncertain with a Feb 28, 2026 relisting target
- Sale is a non-binding LOI, not a completed transaction
- Agreements require scheduled cash payments, pressuring near-term liquidity
Key Figures
Market Reality Check
Peers on Argus
VIVK is up 17.11% while key peers show mixed moves: CGBS (-39.67%), SKYQ (-1.3% in sector list but +4.019999876618385% in momentum scan), SLNG (-1.42%), DEC (+5.35%), PXS (-0.63%). Only one peer appears in momentum data, pointing to a stock-specific reaction.
Historical Context
| Date | Event | Sentiment | Move | Catalyst |
|---|---|---|---|---|
| Feb 02 | Asset sale LOI | Positive | -8.6% | Non-binding LOI to sell Oklahoma midstream business for about $36 million. |
| Dec 30 | Dividend timing change | Negative | -8.3% | Reset of special dividend payment date with potential for further adjustments. |
| Dec 22 | Acquisition LOI | Positive | -17.4% | LOI to acquire Coyote Oilfield Services to expand midstream capabilities. |
| Dec 11 | Debt reduction update | Positive | +14.6% | Announcement of roughly $65 million in debt reduction and capital raise. |
| Dec 04 | Market expansion | Positive | +10.7% | First international refined fuel transaction into Mexico via trading unit. |
Recent news has produced mixed reactions: some balance-sheet and expansion updates saw strong gains, while other seemingly positive strategic moves sold off.
Over the past few months, Vivakor has focused on restructuring and strategic repositioning. In Dec 2025, it expanded into Mexico fuel trading and reported about $65 million in year-to-date debt reduction, both followed by positive price reactions. However, the $36 million Oklahoma midstream sale LOI on Feb 02, 2026 and a planned Coyote Oilfield Services acquisition in Dec 2025 were met with declines. Today’s forbearance agreements continue this balance-sheet repair narrative around debt and Nasdaq compliance.
Regulatory & Risk Context
Vivakor has an effective S-3 shelf filed on 2025-08-27, with 3 recorded 424B5 takedowns in Oct 2025. The shelf registers shares issuable upon conversion or payment of notes and reflects 48,051,097 common shares outstanding as of Aug 20, 2025, indicating an established mechanism for issuing additional securities.
Market Pulse Summary
This announcement extends key convertible note maturities to January 2027 and limits conversions while Vivakor works to regain Nasdaq listing by February 28, 2026. It ties directly to the earlier $36 million midstream sale LOI based on $4.56 million in EBITDA, highlighting a broader capital-structure reset. Investors may watch for definitive sale agreements, progress on Nasdaq compliance, and adherence to new payment schedules under the forbearance terms.
Key Terms
convertible promissory notes financial
reverse stock split financial
take-or-pay guarantee financial
AI-generated analysis. Not financial advice.
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
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 do the Vivakor (VIVK) forbearance agreements change about note maturities?
How does the proposed Olenox sale affect Vivakor (VIVK) liquidity and capital structure?
What conditions limit conversion of Vivakor (VIVK) convertible notes under the agreements?
Does the forbearance guarantee that Vivakor (VIVK) will regain Nasdaq compliance?
What are the near-term cash implications for investors after Vivakor's (VIVK) amended terms?
