Tomco Energy Share Discussion Threads

[mashman] 15/6/2022 16:36

I suppose that if the client was losing he would get stopped out when the margin was used up, at no loss to Spreadex or if the client was winning the administrators would cash in to help cover the debt.

[the diddymen] 15/6/2022 12:53

Vauch Spreadex would close the position down before the risk that the deposit does not fund the losses on the position.

[the diddymen] 15/6/2022 07:18

Damac is correct to the extent that it means that Spreadex have no shorters and they are protecting their exposure to long positions. You could look on it in another way and conclude that shareholders have extended their exposure by gearing up through Spreadex. 52m shares equates to £52k for every £0.001p, or another £100k lost since the placing.

[vauch] 15/6/2022 07:16

If Spredex had a client that had an open position but then went bankrupt, would the co have to purchase the shares ?

[talais] 15/6/2022 06:50

Current Report Filing (8-k)Source: Edgar (US Regulatory) UNITED STATESSECURITIES AND EXCHANGE COMMISSIONWashington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of theSecurities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 9, 2022 VIVAKOR, INC.(Exact name of registrant as specified in its charter) Nevada 001-41286 26-2178141(State or other jurisdiction (Commission File Number) (IRS Employerof incorporation) Identification No.) 4101 North Thanksgiving WayLehi, Utah 84115(Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: [phone] (Former name or former address, if changed since last report)Not Applicable Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: ? Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) ? Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) ? Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) ? Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) Securities registered pursuant to Section 12(b) of the Act: Title of each class Trading Symbol(s) Name of each exchange on which registeredCommon Stock VIVK The Nasdaq Stock Market LLC Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter). Emerging growth company ? If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ? Item 1.01 Entry into a Material Definitive Agreement. Executive Employment Agreements On June 9, 2022 (the "Effective Date"), Vivakor, Inc. (the "Company"), pursuant to the approval of its Board of Directors (the "Board"), on the recommendation of the Compensation Committee of the Board, entered into that certain executive employment agreement with each of Matthew Nicosia, Chief Executive Officer, and Tyler Nelson, Chief Financial Officer (respectively, the "Nicosia Agreement" and the "Nelson Agreement", and collectively, the "Agreements"). The Nicosia Agreement provides an annual base salary of $375,000 (the "Nicosia Base Salary"), payable in equal installments and paid every two weeks. The Nicosia Base Salary will increase by $100,000 upon the Company earning a total of at least $2,000,000 in Earnings before Interest, Taxes, Depreciation and Amortization ("EBITDA") minus (i) any unrealized gain (add back any unrealized loss) from marketable securities, (ii) stock based compensation expense, and (iii) stock options issued for services ("Adjusted EBITDA") during any calendar year, and the Nicosia Base Salary will continue to increase in $100,000 increments for each additional $1,000,000 increase in EBITDA over $2,000,000 during the Term of this Agreement up to $675,000 at which time the Nicosia Base Salary will continue to increase in $20,000 increments for each additional $1,000,000 increase in Adjusted EBITDA over $4,000,000. As an inducement to continue services going forward, Mr. Nicosia shall receive a cash signing bonus of $125,000, which shall be paid in a lump sum amount within sixty (60) days after the Effective Date. Pursuant to the Nicosia Agreement, Mr. Nicosia may resign at any time with or without Good Reason, as defined in the Nicosia Agreement. The Company may terminate the Nicosia Agreement for cause (as defined therein) or with 30 days' prior written notice. The Nelson Agreement provides an annual base salary of $350,000 (the "Nelson Base Salary"), payable in equal installments and paid every two weeks. The Nelson Base Salary will increase by $100,000 upon the Company earning a total of at least $2,000,000 in Adjusted EBITDA during any calendar year, and the Nelson Base Salary will continue to increase in $100,000 increments for each additional $1,000,000 increase in EBITDA over $2,000,000 during the Term of this Agreement up to $650,000 at which time the Nelson Base Salary will continue to increase in $13,500 increments for each additional $1,000,000 increase in Adjusted EBITDA over $4,000,000. As an inducement to continue services going forward, Mr. Nelson shall receive a cash signing bonus of $100,000, which shall be paid in a lump sum amount within sixty (60) days after the Effective Date. Pursuant to the Nelson Agreement, Mr. Nelson may resign at any time with or without Good Reason, as defined in the Nelson Agreement. The Company may terminate the Nelson Agreement for cause (as defined therein) or with 30 days' prior written notice. Item 1.01 of this Current Report on Form 8-K contains only a brief description of the material terms of and does not purport to be a complete description of the rights and obligations of the parties to the Nicosia Agreement and the Nelson Agreement, and such descriptions are qualified in their entirety by reference to the full text of the Nicosia Agreement and the Nelson Agreement, copies of which are filed herewith as Exhibit 10.1 and 10.2. Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. To the extent required by this Item 5.02, the information contained in Item 1.01 is incorporated herein by reference. On the Effective Date, Mr. Nicosia received stock options to acquire 955,093 share of the Company's common stock and Mr. Nelson received stock options to acquire 917,825 shares of the Company's common stock (collectively, the "Stock Options"). The Stock Options, issued pursuant to the Vivakor, Inc. 2021 Equity and Incentive Plan, which remains subject to shareholder approval, will vest over two years and are exercisable at $1.80 per share, 100% of the closing price of the Company's common stock on the date of grant.

[the diddymen] 15/6/2022 06:33

As TOM titanically slips below 0.4p it is just worth reflecting on who were the winners and losers in the last placing.

[the diddymen] 15/6/2022 06:31

The alarm bells should be ringing at any potential credible acquirer.

[fenners66] 15/6/2022 00:35

"The Company has also been ordered to pay a civil penalty of US$1,000,000 to the SEC in four equal instalments over a 12-month period.

Pursuant to the terms of the settlement, Mr. Blyumkin has been ordered to pay a civil penalty of US$450,000 to the SEC in four equal instalments over a 12-month period."

Its not just a whiff is it ?
It's a full on stench.

They plan to pay the instalments on time , well they are unlikely to get away with saying we will comply but we will never pay are they ?

Now what is it that PQE are selling again ?
Where is the documented audited RESULT that the plant does 500bpd commercially ?

[mashman] 15/6/2022 00:20

But really I have no idea why Spreadex would buy the actual asset.

[mashman] 15/6/2022 00:16

Spreadex claims that over 70% of customers lose money. Good odds to bet against them imo.

[damac] 14/6/2022 23:28

If they had clients who we’re taking ‘short’ spread betting positions on Tomco, Spreadex wouldn’t then hedge against it by going ‘long’ on the same stock. If the share price was to go down they would then be losing money twice.

[lopodop] 14/6/2022 20:17

TD
Have you seen the latest press release from PQE?
What on earth is that company up to - fines upon the company and a director. Why would VISTON engage to pay anything for the PQE business. How could VISTON trust anything about PQE - equally should VISTON be trusted?
Poor Vauch how can one be so unlucky twice in a row.

[damac] 14/6/2022 18:43

That’s got to be a good sign surely when a spread betting company actually purchases just under a 3% holding. Why purchase the shares if they think it is going to go down? They have to be going long with this.

Normally spread betting companies never actually buy shares in the company’s they are offering spread bets on, they just create their own virtual market and punters place their bets.

[talais] 14/6/2022 15:34

https://ir.petroteq.com/news-presentations/press-releases/detail/429/petroteq-announces-settlement-of-sec-investigation

[thesageofsaint] 14/6/2022 12:29

Alright chaps? Took longer than I thought, but below 0.4 of one Queen's penny. You could not have bought a bubbly in 1980 for that and you guys are holding shares in an entity that lets you buy some of its equity for 0.4p. Hmmm, I wonder how this is going to end? Well not likely to end in the near future. History tells us this ponzi scheme will keep going for a long time yet. In all honesty I never thought they would allow 2bn shares to be sloshing around. I thought they would have consolidated before now, but you are very close to the inevitable. If it happened today, would be in the ball park of 1:100, so you would have 40p shares and lots of downside potential to play with and a share float that would give bountiful opportunity for more placings. Please someone tell old Ducky that this is not a good thing, I would hate him to be buying more after I tipped them for 40p!

[the diddymen] 14/6/2022 11:02

Talais, you cannot possibly come to the conclusion that some big announcement is due because it is on the same day as a PQE event.

JP might be switched on and realise that if he co-ordinates the timings he can froth up the share price with existing shareholders. That would make the AGM a lot easier.

Two things count with TOM at the moment. Permits and financing for the drilling, and, financing of the core technology.

I cannot comment on the former - maybe, but the latter is a non-starter unless TOM are generating cash elsewhere.

Until JP RNSs one or both of the above the share price will head one way (the froth having cleared.)

[ducky fuzz] 14/6/2022 11:00

Shows Zac doesn't know what he's talking about.

[ajj2003] 14/6/2022 10:55

Spread bets IG quarterly rollover tonight so always a few fun and games ;)

[ducky fuzz] 14/6/2022 10:33

A few bored sellers today.

[gjabrj] 14/6/2022 10:32

Share price suggests differently

[talais] 14/6/2022 08:29

Looks like they are preparing some big news, only three weeks to go

[vauch] 14/6/2022 08:10

Ducky, When obtaining funding it can be sorted months in advance with it set to trigger as a loan when funds are drawn. Many AIM companies have done this in the past.
So when needed their is not a delay in moving forward.
I am more interested at this point in the fact PQE & TOM have something going on the same day.

[vauch] 14/6/2022 07:52

AGM same day as PQE 's extended time frame for deal

[the diddymen] 14/6/2022 07:33

Oh the AGM.