Nextnrg, Inc 8-K, filed Mar 29, 2023
Nextnrg, Inc. (NXXT)
About this 8-K
Nextnrg, Inc filed this 8-K on March 29, 2023, reporting on events of March 24, 2023.
Items reported
- Item 1.01: Entered into a material agreement
- Item 9.01: Financial statements and exhibits
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
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Item 1.01 Entry into Material Definitive Agreement
As previously reported on a Current Report on Form 8-K which was filed with the Securities and Exchange Commission February 17, 2023, EzFill Holdings, Inc. (the “Company”), entered into a Sales Agreement (the “Sales Agreement”) with ThinkEquity LLC (the “Sales Agent”), pursuant to which the Company may offer and sell, from time to time through the Sales Agent, shares (the “Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), having an aggregate offering price of up to $2,096,000, subject to the terms and conditions of the Sales Agreement.
On March 24, 2023 the Company and ThinkEquity executed a letter agreement pursuant to which the Sales Agreement was terminated. As of the date of termination of the Sales Agreement, the Company sold an aggregate of $26,601 of its common stock pursuant to the Sales Agreement and issued 67,141 shares of common stock.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
| No. | Description | |
| 10.1 | Notice of Termination of Sales of Sales Agreement | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
SIGNATURES
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 hereunto duly authorized.
| EZFILL HOLDINGS, INC. | ||
| Date: March 29, 2023 | By: | /s/ Michael McConnell |
| Name: | Michael McConnell | |
| Title: | Chief Executive Officer | |
Exhibit 10.1
March 24, 2023
ThinkEquity LLC
17 State Street, 41st Floor
New York, New York 10004
Attention: Head of Investment Banking
notices@think-equity.com
Ladies and Gentlemen:
Reference is made to the ATM Sales Agreement between EzFill Holdings, Inc. a Delaware corporation (the “Company”) and ThinkEquity LLC (“Agent”) dated February 17, 2023 (the “Agreement”). The Company and the Agent hereby agree that the Agreement is hereby terminated except that Section 8, Section 10, Section 11, Section 17 and Section 18 of the Agreement shall remain in full force and effect solely to the extent provided in the Agreement. The Agent confirms that no commissions, fees or expenses are due under the Agreement.
The Company and the Agent hereby waive any notice required by Section 12 of the Agreement.
If this letter correctly sets forth your understanding of our agreement with respect to the foregoing matters, please so indicate by signing below on the line provided for your signature.
| EZFILL HOLDINGS, INC. | |
| /s/ Michael McConnell | |
| Michael McConnell | |
| Chief Executive Officer |
Reviewed, approved, agreed and accepted as of the date first-above written:
| ThinkEquity LLC | ||
| By: | /s/ Kevin Mangan | |
| Kevin Mangan | ||
| Managing Director, Head of Equity Syndicate | ||