0001245105-17-000053.txt : 20170331 0001245105-17-000053.hdr.sgml : 20170331 20170331115234 ACCESSION NUMBER: 0001245105-17-000053 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20170328 FILED AS OF DATE: 20170331 DATE AS OF CHANGE: 20170331 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: Ecoark Holdings, Inc. CENTRAL INDEX KEY: 0001437491 STANDARD INDUSTRIAL CLASSIFICATION: PLASTICS PRODUCTS, NEC [3089] IRS NUMBER: 000000000 STATE OF INCORPORATION: NV FISCAL YEAR END: 0331 BUSINESS ADDRESS: STREET 1: 3333 PINNACLE HILLS PARKWAY, SUITE 220 CITY: ROGERS STATE: AR ZIP: 72758 BUSINESS PHONE: 479-259-2977 MAIL ADDRESS: STREET 1: 3333 PINNACLE HILLS PARKWAY, SUITE 220 CITY: ROGERS STATE: AR ZIP: 72758 FORMER COMPANY: FORMER CONFORMED NAME: Magnolia Solar Corp DATE OF NAME CHANGE: 20100107 FORMER COMPANY: FORMER CONFORMED NAME: Mobilis Relocation Services Inc. DATE OF NAME CHANGE: 20080612 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Puchir Jay M. CENTRAL INDEX KEY: 0001698352 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 000-53361 FILM NUMBER: 17728923 MAIL ADDRESS: STREET 1: 3333 PINNACLE HILLS PARKWAY STREET 2: SUITE 220 CITY: ROGERS STATE: AR ZIP: 72758 3 1 primary_doc.xml PRIMARY DOCUMENT X0206 3 2017-03-28 0 0001437491 Ecoark Holdings, Inc. EARK 0001698352 Puchir Jay M. 3333 PINNACLE HILLS PARKWAY SUITE 220 ROGERS AR 72758 0 1 0 0 Chief Executive Officer Common Stock 200000 D 10% Convertible Notes due 2018 4.15 2017-02-28 2018-06-30 Common Stock 24096 D Subject to the reporting person's continued employment, 10% of these shares will vest on June 15, 2017, and the remaining 90% will vest ratably on the 15th of each month thereafter (beginning July 15, 2017) until fully vested. The final vesting will occur on December 15, 2018. On February 28, 2017, the issuer issued to the reporting person a $100,000 principal amount 10% Secured Convertible Promissory Note (convertible into common stock of the issuer at a conversion price of $4.15 per share) for a purchase price of $100,000. /s/ Jay M. Puchir 2017-03-31 EX-24 2 poa-jmp.txt POWER OF ATTORNEY BY JAY M. PUCHIR POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints Jay T. Oliphant or Troy D. Richards, the undersigned's true and lawful attorney-in- fact to: (1) execute for and on behalf of the undersigned, in the undersigned's capacity as an Executive Officer of Ecoark Holdings, Inc. (the "Company"), Forms 3, 4 and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended, and the rules thereunder (the "Exchange Act"); (2) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4 or 5, or any amendment or amendments thereto, and timely file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and (3) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, and in the best interest of, or legally required by, the undersigned. The undersigned hereby grants to such attorney-in- fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this Power of Attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorney-in-fact, in serving in such capacity at the request of the undersigned, is not assuming, nor is the Company assuming, any of the undersigned's responsibilities to comply with Section 16 of the Exchange Act. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4 and 5 with respect to the undersigned's holdings of and transactions in securities by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorney-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 31st day of March, 2017. Jay M. Puchir /s/ Jay M. Puchir Typed or Printed Name Signature On this the 31st day of March, 2017, before me personally came Jay M. Puchir, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same. WITNESS my hand and official seal. /s/ Kayla A. Rodriguez Kayla Rodriguez (Printed Name of Notary Public) [NOTARIAL SEAL] My commission expires: 11-4-25 4825-7534-7523.1 4825-7534-7523.1