0001606268-20-000009.txt : 20200316 0001606268-20-000009.hdr.sgml : 20200316 20200316153944 ACCESSION NUMBER: 0001606268-20-000009 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20200313 FILED AS OF DATE: 20200316 DATE AS OF CHANGE: 20200316 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Maxwell W Keith III CENTRAL INDEX KEY: 0001582187 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-36559 FILM NUMBER: 20716900 MAIL ADDRESS: STREET 1: 12140 WICKCHESTER LANE STREET 2: SUITE 100 CITY: HOUSTON STATE: TX ZIP: 77079 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Retailco, LLC CENTRAL INDEX KEY: 0001664233 STATE OF INCORPORATION: TX FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-36559 FILM NUMBER: 20716901 BUSINESS ADDRESS: STREET 1: 12140 WICKCHESTER LANE, SUITE 100 CITY: HOUSTON STATE: TX ZIP: 77079 BUSINESS PHONE: 832-200-3792 MAIL ADDRESS: STREET 1: 12140 WICKCHESTER LANE, SUITE 100 CITY: HOUSTON STATE: TX ZIP: 77079 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: TxEx Energy Investments, LLC CENTRAL INDEX KEY: 0001664236 STATE OF INCORPORATION: TX FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-36559 FILM NUMBER: 20716902 BUSINESS ADDRESS: STREET 1: 12140 WICKCHESTER LANE, SUITE 100 CITY: HOUSTON STATE: TX ZIP: 77079 BUSINESS PHONE: 832-200-3792 MAIL ADDRESS: STREET 1: 12140 WICKCHESTER LANE, SUITE 100 CITY: HOUSTON STATE: TX ZIP: 77079 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: Spark Energy, Inc. CENTRAL INDEX KEY: 0001606268 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 465453215 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 12140 WICKCHESTER LANE STREET 2: SUITE 100 CITY: HOUSTON STATE: TX ZIP: 77079 BUSINESS PHONE: (713) 600-2600 MAIL ADDRESS: STREET 1: 12140 WICKCHESTER LANE STREET 2: SUITE 100 CITY: HOUSTON STATE: TX ZIP: 77079 4 1 wf-form4_158438756679670.xml FORM 4 X0306 4 2020-03-13 0 0001606268 Spark Energy, Inc. SPKE 0001582187 Maxwell W Keith III 12140 WICKCHESTER LANE, SUITE 100 HOUSTON TX 77079 1 1 1 0 Interim CEO 0001664233 Retailco, LLC 12140 WICKCHESTER LANE SUITE 100 HOUSTON TX 77079 0 0 1 0 0001664236 TxEx Energy Investments, LLC 12140 WICKCHESTER LANE SUITE 100 HOUSTON TX 77079 0 0 1 0 Class A Common Stock 2020-03-13 4 P 0 6000 7.78 A 2606000 D Series A Preferred Stock 2020-03-13 4 P 0 1000 20 A 5000 D The price reported in Column 4, is a weighted average price. These shares were purchased in multiple transactions at prices ranging from $7.38 to $8.03, inclusive. The reporting person undertakes to provide to Spark Energy, Inc., any security holder of Spark Energy, Inc., or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of shares purchased at each separate price within the ranges set forth in this footnote. /s/ W. Keith Maxwell III, by James G. Jones II, Attorney-in-Fact 2020-03-16 /s/ W. Keith Maxwell III, Chief Executive Officer of Retailco, LLC 2020-03-16 /s/ W. Keith Maxwell III, Chief Executive Officer of TxEx Energy Investments, LLC 2020-03-16 EX-24 2 section16poawkeithmaxwelli.htm POWER OF ATTORNEY
POWER OF ATTORNEY
FOR EXECUTING FORM ID, FORMS 3, FORMS 4 AND FORMS 5,
FORM 144 AND SCHEDULE 13D AND SCHEDULE 13G
The undersigned hereby constitutes and appoints James G. Jones II and Dominique R. Colvard,
or any one of them acting without the others, with full power of substitution, as the
undersigned's true and lawful attorney-in-fact to:
(1)    Execute for and on behalf of the undersigned a Form ID (including amendments
thereto), or any other forms prescribed by the Securities and Exchange
Commission, that may be necessary to obtain codes and passwords enabling the
undersigned to make electronic filings with the Securities and Exchange
Commission of the forms referenced in clause (2) below;
(2)    Execute for and on behalf of the undersigned any (a) Form 3, Form 4 and Form 5
(including amendments thereto) in accordance with Section 16(a) of the Securities
Exchange Act of 1934, as amended (the "Exchange Act"), (b) Form 144
(including amendments thereto) and (c) Schedule 13D and Schedule 13G
(including amendments thereto) in accordance with Sections 13(d) and 13(g) of
the Exchange Act, but only to the extent each form or schedule relates to the
undersigned's beneficial ownership of securities of Spark Energy, Inc. or any of
its subsidiaries;
(3)    Do and perform any and all acts for and on behalf of the undersigned that may be
necessary or desirable to complete and execute any Form ID, Form 3, Form 4,
Form 5, Form 144, Schedule 13D or Schedule 13G (including amendments
thereto) and timely file the forms or schedules with the Securities and Exchange
Commission and any stock exchange or quotation system, self-regulatory
association or any other authority, and provide a copy as required by law or
advisable to such persons as the attorney-in-fact deems appropriate; and
(4)    Take any other action in connection with the foregoing that, in the opinion of the
attorney-in-fact, may be of benefit to, in the best interest of or legally required of
the undersigned, it being understood that the documents executed by the attorney-
in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in
the form and shall contain the terms and conditions as the attorney-in-fact may
approve in the attorney-in-fact's discretion.
The undersigned hereby grants to the attorney-in-fact full power and authority to do and perform
all and every act requisite, necessary or proper to be done in the exercise of any of the rights and
powers granted herein, 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 the attorney-in-fact shall lawfully do or cause to be done by virtue of this Power of
Attorney and the rights and powers granted herein.  The undersigned acknowledges that the
attorney-in-fact, in serving in such capacity at the request of the undersigned, are not assuming
(nor is Spark Energy, Inc. assuming) any of the undersigned's responsibilities to comply with
Section 16 of the Exchange Act.
The undersigned agrees that the attorney-in-fact may rely entirely on information furnished
orally or in writing by or at the direction of the undersigned to the attorney-in-fact.  The
undersigned also agrees to indemnify and hold harmless Spark Energy, Inc. and the attorney-in-
fact against any losses, claims, damages or liabilities (or actions in these respects) that arise out
of or are based upon any untrue statements or omissions of necessary facts in the information
provided by or at the direction of the undersigned, or upon the lack of timeliness in the delivery
of information by or at the direction of the undersigned, to the attorney-in fact for purposes of
executing, acknowledging, delivering or filing a Form ID, Form 3, Form 4, Form 5, Form 144,
Schedule 13D or Schedule 13G (including amendments thereto) and agrees to reimburse Spark
Energy, Inc. and the attorney-in-fact on demand for any legal or other expenses reasonably
incurred in connection with investigating or defending against any such loss, claim, damage,
liability or action.
This Power of Attorney shall remain in full force and effect until the undersigned is no longer
required to file Form ID, Form 3, Form 4, Form 5, Form 144, Schedule 13D and Schedule 13G
(including amendments thereto) with respect to the undersigned's holdings of and transactions in
securities issued by Spark Energy, Inc., unless earlier revoked by the undersigned in a signed
writing delivered to the attorney-in-fact.  This Power of Attorney does not revoke any other
power of attorney that the undersigned has previously granted.
IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as
of the date written below.
By: W. Keith Maxwell III

/s/ W. Keith Maxwell III

DATE:     3/16/2020
        EXHIBIT 24
    1
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