AMENDMENT NO. 11 TO SCHEDULE 13D
This Amendment No. 11 (this Amendment No. 11) amends the Schedule 13D originally filed on September 27, 2019 (the
Original Schedule 13D, as amended by Amendment No. 1 filed on October 18, 2019 (Amendment No. 1), Amendment No. 2 filed on March 2, 2020 (Amendment No. 2), Amendment No. 3 filed
on March 24, 2020 (Amendment No. 3), Amendment No. 4 filed on January 25, 2021 (Amendment No. 4), Amendment No. 5 filed on February 9, 2022 (Amendment No. 5), Amendment
No. 6 filed on February 9, 2022 (Amendment No. 6), Amendment No. 7 filed on March 16, 2022 (Amendment No. 7), Amendment No. 8 filed on June 1, 2022 (Amendment No. 8),
Amendment No. 9 filed on July 1, 2022 (Amendment No. 9), Amendment No. 10 filed on July 11, 2022 (Amendment No. 10) and, together with this Amendment No. 11, this Schedule 13D).
This Amendment No. 11 relates to the common stock, par value $0.0001 (Common Stock) of EVO Transportation & Energy Services, Inc. (EVO or the Issuer). The address of the principal executive office of
EVO is 8285 West Lake Pleasant Parkway, Peoria, Arizona 85382.
Except as specifically provided herein, this Amendment No. 11 does
not modify any of the information previously reported in the Original Schedule 13D. Capitalized terms used but not otherwise defined in this Amendment No. 11 shall have the meanings ascribed to them in the Original Schedule 13D, as amended by
Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, Amendment No. 6, Amendment No. 7, Amendment No. 8, Amendment No. 9, and Amendment No. 10.
Item 4. Purpose of Transaction.
Item 4 is hereby amended to add the following:
The
Reporting Persons are filing this Amendment No. 11 to report that on July 13, 2022, the Board of Directors of the Issuer adopted a resolution creating a new series of Series D Non-Participating
Preferred Stock (the Series D Preferred) that was issued on that date to Antara Master Fund (the Lender), as required pursuant to the terms of that certain Third Extension Agreement, dated July 8, 2022, among the Issuer,
certain specified subsidiaries of the Issuer (the Guarantors), the Lender and certain current and former executives of the Issuer, or funds affiliated with such executives (the Third Extension Agreement), to that certain
Senior Secured Loan and Executive Loan Agreement dated March 11, 2022, as amended by that certain Extension Agreement dated May 31, 2022, that certain Second Extension Agreement dated June 30, 2022 and the Third Extension Agreement
(as further amended from time to time, the Loan).
The Series D Preferred grants the Lender certain voting rights with respect to the
Issuers voting capital stock that are further described in Item 6.