Form 4 - Statement of changes in beneficial ownership of securities

SEC Form 4

FORM 4

UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940

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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).

Check this box to indicate that a transaction was made pursuant to a contract, instruction or written plan for the purchase or sale of equity securities of the issuer that is intended to satisfy the affirmative defense conditions of Rule 10b5-1(c). See Instruction 10.

1. Name and Address of Reporting Person^*

Peck Billy L. JR

(Last)

(First)

(Middle)

2075 WEST PINNACLE PEAK ROAD

SUITE 130

(Street)

PHOENIX

85027

(City)

(State)

(Zip)

2. Issuer Name and Ticker or Trading Symbol
EVO Transportation & Energy Services, Inc. [ EVOA ]

5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)

	Director	10% Owner
X	Officer (give title below)	Other (specify below)
EVP, Business Development

3. Date of Earliest Transaction (Month/Day/Year)
11/22/2022

4. If Amendment, Date of Original Filed (Month/Day/Year)

6. Individual or Joint/Group Filing (Check Applicable Line)

X	Form filed by One Reporting Person
	Form filed by More than One Reporting Person

Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1. Title of Security (Instr. 3)	2. Transaction Date (Month/Day/Year)	2A. Deemed Execution Date, if any (Month/Day/Year)	3. Transaction Code (Instr. 8)		4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5)			5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4)	6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)	7. Nature of Indirect Beneficial Ownership (Instr. 4)
1. Title of Security (Instr. 3)	2. Transaction Date (Month/Day/Year)	2A. Deemed Execution Date, if any (Month/Day/Year)	Code	V	Amount	(A) or (D)	Price		6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)	7. Nature of Indirect Beneficial Ownership (Instr. 4)
Common Stock	11/22/2022		M		5,022,987	A	$0.0001	5,522,987	D

Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 3)	2. Conversion or Exercise Price of Derivative Security	3. Transaction Date (Month/Day/Year)	3A. Deemed Execution Date, if any (Month/Day/Year)	4. Transaction Code (Instr. 8)		5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5)		6. Date Exercisable and Expiration Date (Month/Day/Year)		7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4)		8. Price of Derivative Security (Instr. 5)	9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4)	10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)	11. Nature of Indirect Beneficial Ownership (Instr. 4)
1. Title of Derivative Security (Instr. 3)	2. Conversion or Exercise Price of Derivative Security	3. Transaction Date (Month/Day/Year)	3A. Deemed Execution Date, if any (Month/Day/Year)	Code	V	(A)	(D)	Date Exercisable	Expiration Date	Title	Amount or Number of Shares	8. Price of Derivative Security (Instr. 5)		10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)	11. Nature of Indirect Beneficial Ownership (Instr. 4)
Warrant (right to buy)	$3							06/01/2019	06/01/2024	Common Stock	333,333		333,333	D
Warrant (right to buy)	$5							06/01/2020	06/01/2025	Common Stock	333,333		333,333	D
Warrant (right to buy)	$7							06/01/2021	06/01/2026	Common Stock	333,333		333,333	D
Stock Option (right to buy)	$2.5							⁽¹⁾	12/27/2030	Common Stock	20,000		20,000	D
Stock Option (right to buy)	$1.5							⁽¹⁾	12/27/2030	Common Stock	20,000		20,000	D
Stock Option (right to buy)	$1.5							⁽²⁾	11/02/2031	Common Stock	500,000		500,000	D
Restricted Stock Units	⁽³⁾	08/28/2023		A		998,545		⁽⁴⁾	⁽⁴⁾	Common Stock	998,545	$0	998,545	D
Restricted Stock Units	⁽³⁾	08/28/2023		A		1,954,451		⁽¹⁾	⁽¹⁾	Common Stock	1,954,451	$0	1,954,451	D
Warrant (right to buy)	$0.63	08/28/2023		A		995,172		⁽⁵⁾	⁽⁶⁾	Common Stock	995,172	$0	995,172	D
Warrant (right to buy)	$0.0001⁽⁷⁾	09/08/2022		C		5,022,987		⁽⁷⁾	⁽⁷⁾	Common Stock	5,022,987	$0	5,022,987	D
Warrant (right to buy)	⁽⁷⁾	09/08/2022		C		2,511,494		⁽⁷⁾	⁽⁷⁾	Common Stock	2,511,494	$0	2,511,494	D
Warrant (right to buy)	$0.0001	11/22/2022		M			5,022,987	⁽¹⁾	⁽¹⁾	Common Stock	5,022,987	$0	0	D

Explanation of Responses:

1. Fully vested.

2. 125,000 options vest on 11/2/21 and the remainder vesting in equal installments on the next three anniversaries of the grant date.

3. Each restricted stock unit represents the right to receive, at settlement, one share of common stock of the Issuer, its cash equivalent or a combination thereof, in the discretion of the Issuer.

4. 332,849 restricted stock units vest on 12/31/23, and 332,848 restricted stock units vest on each of 12/31/24 and 12/31/25.

5. Fully exercisable.

6. This warrant will expire upon the earlier of (a) 5:00 p.m., New York City time, on 09/08/2027 and (b) the consummation of a change of control.

7. In connection with the terms of an Exchange Agreement dated 9/8/2022 (as fully described in the Form 8-K filed with the SEC on 9/14/22), warrants were issued to the Reporting Person.

	/s/ Billy L. (Trey) Peck, Jr.	08/29/2023
	** Signature of Reporting Person	Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
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