EVOA / EVO Transportation & Energy Services, Inc. - Pengajuan SECLaporan Tahunan, Pernyataan Proksi

EVO Transportation & Energy Services, Inc.
US ˙ OTCPK

Mga Batayang Estadistika
CIK 728447
SEC Filings
All companies that sell securities in the United States must register with the Securities and Exchange Commission (SEC) and file reports on a regular basis. These reports include company annual reports (10K, 10Q), news updates (8K), investor presentations (found in 8Ks), insider trades (form 4), ownership reports (13D, and 13G), and reports related to the specific securities sold, such as registration statements and prospectus. This page shows recent SEC filings related to EVO Transportation & Energy Services, Inc.
SEC Filings (Chronological Order)
Halaman ini menyediakan daftar lengkap dan kronologis dari Pengajuan SEC, tidak termasuk pengajuan kepemilikan yang kami sediakan di tempat lain.
March 11, 2024 15-12G

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 15 CERTIFICATION AND NOTICE OF TERMINATION OF REGISTRATION UNDER SECTION 12(g) OF THE SECURITIES EXCHANGE ACT OF 1934 OR SUSPENSION OF DUTY TO FILE REPORTS UNDER SECTIONS 13

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 15 CERTIFICATION AND NOTICE OF TERMINATION OF REGISTRATION UNDER SECTION 12(g) OF THE SECURITIES EXCHANGE ACT OF 1934 OR SUSPENSION OF DUTY TO FILE REPORTS UNDER SECTIONS 13 AND 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 000-54218 EVO Transportation & Energy Services, Inc. (Exact name of Registra

March 5, 2024 EX-10.1

SECOND AMENDMENT TO AMENDED AND RESTATED SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENT

Exhibit 10.1 SECOND AMENDMENT TO AMENDED AND RESTATED SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENT This Second Amendment (this “Agreement”) to the Amended and Restated Senior Secured Loan and Executive Loan Agreement is made as of February 28, 2024, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Su

March 5, 2024 8-K

Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 28, 2024 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incor

January 5, 2024 EX-10.2

AMENDED AND RESTATED SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENT

Exhibit 10.2 AMENDED AND RESTATED SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENT $9,000,000 December 23, 2022 FOR VALUE RECEIVED, on December 29, 2023 (the “Maturity Date”), EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (“Borrower”), and each subsidiary of Borrower listed on the signature

January 5, 2024 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 29, 2023 EVO Transportat

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 29, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incor

January 5, 2024 EX-10.1

FIRST AMENDMENT TO AMENDED AND RESTATED SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENT

Exhibit 10.1 FIRST AMENDMENT TO AMENDED AND RESTATED SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENT This First Amendment (this “Agreement”) to the Amended and Restated Senior Secured Loan and Executive Loan Agreement is made as of December 29, 2023, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suit

December 26, 2023 8-K

Financial Statements and Exhibits, Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 19, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incor

December 8, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 4, 2023 EVO Transportati

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 4, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorp

November 16, 2023 EX-10.144

Third Amendment to Executive Employment Agreement effective June 23, 2023 between EVO Transportation & Energy Services, Inc. and Billy (“Trey”) Peck, Jr.

Exhibit 10.144 THIRD AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT This third amendment (“Third Amendment”) dated as of June 23, 2023 is made to that certain Executive Employment Agreement dated June 1, 2018 (as amended through the date hereof, the “Agreement”) between EVO Transportation & Energy Services, Inc. (“Company”) and Billy (“Trey”) Peck, Jr. (“Executive”). Capitalized terms used and not de

November 16, 2023 EX-10.146

First Amendment to Asset Purchase and Sale Agreement and Joint Escrow Instructions (Tolleson), dated October 12, 2023, between Environmental Alternative Fuels, LLC and Clean Energy.

Exhibit 10.146 FIRST AMENDMENT TO ASSET PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (TOLLESON) THIS FIRST AMENDMENT TO ASSET PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (TOLLESON) (“Amendment”) is made and entered into effective as of the 12th day of October, 2023 (“Effective Date”), by and between ENVIRONMENTAL ALTERNATIVE FUELS, LLC (“Seller”), a Delaware limited liab

November 16, 2023 EX-21.1

Subsidiaries of EVO Transportation & Energy Services, Inc.

Exhibit 21.1 Subsidiaries of the Registrant* Subsidiaries State of Incorporation/Organization Titan CNG LLC Delaware Environmental Alternative Fuels, LLC (subsidiary of EVO Holding Company, LLC Delaware EVO CNG, LLC (subsidiary of Environmental Alternative Fuels, LLC) Delaware Titan El Toro LLC (subsidiary of Titan CNG LLC) Delaware Titan Diamond Bar LLC (subsidiary of Titan CNG LLC) Delaware Tita

November 16, 2023 EX-10.145

Commercial Contract - Unimproved Property, dated June 2, 2023, between Environmental Alternative Fuels, LLC and Brazos De Santos Partners, Ltd.

DocuSign Envelope ID: F237CDF4-8BFA-4EFC-9B59-D68963FF1CE6 Exhibit 10.145 COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®, INC. IS NOT AUTHORIZED. ©Texas Association of REALTORS®, Inc. 2022 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from

November 16, 2023 EX-10.147

First Amendment to Asset Purchase and Sale Agreement and Joint Escrow Instructions (Oak Creek), dated October 12, 2023, between Environmental Alternative Fuels, LLC and Clean Energy.

Exhibit 10.147 FIRST AMENDMENT TO ASSET PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (OAK CREEK) THIS FIRST AMENDMENT TO ASSET PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (OAK CREEK) (“Amendment”) is made and entered into effective as of the 12th day of October, 2023 (“Effective Date”), by and between ENVIRONMENTAL ALTERNATIVE FUELS, LLC (“Seller”), a Delaware limited li

November 16, 2023 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2022 ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Transportation

November 15, 2023 NT 10-Q

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

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: September 30, 2023 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-F ☐ Transition Report on Form 11-K ☐ Tr

September 8, 2023 EX-10.1

Executive Employment Agreement between EVO Transportation & Energy Services, Inc. and James Faught, dated and effective as of September 1, 2023

Exhibit 10.1 EXECUTIVE EMPLOYMENT AGREEMENT This Executive Employment Agreement (the “Agreement”) is entered into and effective as of September 1, 2023 (the “Effective Date”), by and between EVO Transportation & Energy Services, Inc. (the “Company”) and James Faught, a Kansas resident (“Executive”). 1. Duties and Scope of Employment. (a) Positions and Duties. During the Employment Term (as defined

September 8, 2023 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): September 1, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incor

September 7, 2023 8-K

Financial Statements and Exhibits, Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 31, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpo

August 30, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 30, 2023 EVO Transportatio

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 30, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpo

August 30, 2023 EX-99.1

EVO Appoints James Faught as Chief Financial Officer

EVO Appoints James Faught as Chief Financial Officer Phoenix, Arizona, August 30, 2023 – EVO Transportation & Energy Services, Inc.

August 22, 2023 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2022 ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Trans

August 14, 2023 NT 10-Q

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

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: June 30, 2023 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-F ☐ Transition Report on Form 11-K ☐ Transit

July 26, 2023 EX-10.3

Equipment Purchase Agreement, dated July 20, 2023, between Environmental Alternative Fuels, LLC and California Clean Energy, Inc.

Exhibit 10.3 EQUIPMENT PURCHASE AGREEMENT This Equipment Purchase Agreement (this “Agreement”) dated as of July 20, 2023 (the “Effective Date”), is entered into by and between ENVIRONMENTAL ALTERNATIVE FUELS LLC, a Delaware limited liability company (“Seller”), and CALIFORNIA CLEAN ENERGY, INC., a California corporation (“Buyer”). Buyer desires to purchase from Seller, and Seller desires to sell a

July 26, 2023 EX-10.1

Asset Purchase and Sale Agreement and Joint Escrow Instructions (Tolleson), dated July 20, 2023, between Environmental Alternative Fuels, LLC and Clean Energy.

Exhibit 10.1 ASSET PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (TOLLESON) This ASSET PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (TOLLESON) (this “Agreement”) is made as of July 20, 2023 (the “Effective Date”), by and between Environmental Alternative Fuels, LLC (“Seller”), a Delaware limited liability company and wholly-owned subsidiary of EVO Transportation & Energy S

July 26, 2023 EX-10.2

Asset Purchase and Sale Agreement and Joint Escrow Instructions (Oak Creek), dated July 20, 2023, between Environmental Alternative Fuels, LLC and Clean Energy.

Exhibit 10.2 ASSET PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (OAK CREEK) This ASSET PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (OAK CREEK) (this “Agreement”) is made as of July 20, 2023 (the “Effective Date”), by and between Environmental Alternative Fuels, LLC (“Seller”), a Delaware limited liability company and wholly-owned subsidiary of EVO Transportation & Energy

July 26, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 20, 2023 EVO Transportation

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 20, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpora

July 17, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 10, 2023 EVO Transportation

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 10, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpora

July 17, 2023 EX-10.1

Executive Employment Agreement between EVO Transportation & Energy Services, Inc. and Michael Bayles, dated and effective as of July 10, 2023 (57)

Exhibit 10.1 EXECUTIVE EMPLOYMENT AGREEMENT This Executive Employment Agreement (the “Agreement”) is entered into and effective as of July 10, 2023 (the “Effective Date”), by and between EVO Transportation & Energy Services, Inc. (the “Company”) and Michael Bayles, a New Jersey resident (“Executive”). 1. Duties and Scope of Employment. (a) Positions and Duties. During the Employment Term (as defin

June 29, 2023 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 28, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpora

June 21, 2023 EX-10.1

Fourth Modification Agreement, dated June 15, 2023, among EVO Holding Company, LLC, Ritter Transport, Inc., John W. Ritter Trucking, Inc., Johmar Leasing Company, LLC and Ritter Transportation Systems, Inc., as the Borrowers, EVO Transportation & Energy Services, Inc., as Guarantor, and Commerce Bank of Arizona, Inc. (56)

Exhibit 10.1 FOURTH MODIFICATION AGREEMENT DATE: As of June 15, 2023 PARTIES: Borrower: Individually and collectively, EVO HOLDING COMPANY, LLC, a Delaware limited liability company, RITTER TRANSPORT, INC., a Maryland corporation, JOHN W. RITTER TRUCKING, INC., a Maryland corporation, JOHMAR LEASING COMPANY, LLC, a Maryland limited liability company, and RITTER TRANSPORTATION SYSTEMS, INC., a Mary

June 21, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 15, 2023 EVO Transportation

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 15, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpora

June 5, 2023 EX-10.3

Form of Restricted Stock Unit Award Agreement (Non-Employee Directors)

Exhibit 10.3 EVO Transportation & Energy Services, Inc. Amended and Restated 2018 Stock Incentive Plan NOTICE OF RESTRICTED STOCK UNIT AWARD EVO Transportation & Energy Services, Inc. (“Company”) has awarded to you (“Participant”) Performance Units (which we refer to as “Restricted Stock Units” or “RSUs”) covering the number of shares of Company Common Stock (each, a “Share”) set forth below (the

June 5, 2023 EX-10.2

Form of Restricted Stock Unit Award Agreement (Employees)

Exhibit 10.2 EVO Transportation & Energy Services, Inc. Amended and Restated 2018 Stock Incentive Plan NOTICE OF RESTRICTED STOCK UNIT AWARD EVO Transportation & Energy Services, Inc. (“Company”) has awarded to you (“Participant”) Performance Units (which we refer to as “Restricted Stock Units” or “RSUs”) covering the number of shares of Company Common Stock (each, a “Share”) set forth below (the

June 5, 2023 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 30, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorporat

June 5, 2023 EX-10.1

Annual Incentive Plan of EVO Transportation & Energy Services, Inc.

Exhibit 10.1 ANNUAL INCENTIVE PLAN OF EVO TRANSPORTATION & ENERGY SERVICES, INC. Adopted on May 30, 2023 I. Plan Objective The purpose of the Annual Incentive Plan of EVO Transportation & Energy Services, Inc. is to promote the interests of EVO Transportation & Energy Services, Inc. (the “Company”) by providing additional incentive for employees who contribute to the improvement of operating resul

May 15, 2023 NT 10-Q

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

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: March 31, 2023 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-F ☐ Transition Report on Form 11-K ☐ Transi

April 20, 2023 EX-10

Third Modification Agreement, dated April 19, 2023, among EVO Holding Company, LLC, Ritter Transport, Inc., John W. Ritter Trucking, Inc., Johmar Leasing Company, LLC and Ritter Transportation Systems, Inc., as the Borrowers, EVO Transportation & Energy Services, Inc., as Guarantor, and Commerce Bank of Arizona, Inc.

EXECUTION VERSION Exhibit 10.3 THIRD MODIFICATION AGREEMENT DATE: As of April 19, 2023 PARTIES: Borrower: Individually and collectively, EVO HOLDING COMPANY, LLC, a Delaware limited liability company (“EVO Holding Company”), RITTER TRANSPORT, INC., a Maryland corporation, JOHN W. RITTER TRUCKING, INC., a Maryland corporation, JOHMAR LEASING COMPANY, LLC, a Maryland limited liability company, and R

April 20, 2023 EX-10

Unsecured Promissory Note, dated April 14, 2023, by EVO Transportation & Energy Services, Inc. in favor of Falcon Capital, LLC

EXECUTION VERSION Exhibit 10.2 THIS UNSECURED PROMISSORY NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY COMPARABLE STATE SECURITIES LAW. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER THIS UNSECURED PROMISSORY NOTE NOR ANY PORTION HEREOF OR INTEREST HEREIN MAY BE SOLD, ASSIGNED, TRANSFERRED, PLEDGED OR OTHERWISE DISPOSED OF UNLESS THE SAME IS REGISTERED UNDER SAID

April 20, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 14, 2023 EVO Transportation

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 14, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpor

April 20, 2023 EX-10

Settlement Agreement, dated April 14, 2023, among Titan CNG, LLC, EVO Transportation & Energy Services, Inc., Falcon Capital, LLC and Scott Honour

Exhibit 10.1 Settlement Agreement WHEREAS Titan CNG, LLC (“Titan”) was the obligor on a Loan Agreement and Note dated December 31, 2014, and Tradition Capital Bank (“the Bank”) was the obligee on that Loan Agreement and Note (“the Loan”); WHEREAS the Note was secured by (among other things) a security interest in certain equipment owned by Titan, and Titan continues to possess certain of that equi

March 31, 2023 NT 10-K

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

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ☒ Form 10-K ☐ Form 20-F ☐ Form 11-K ☐ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: December 31, 2022 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-F ☐ Transition Report on Form 11-K ☐ Tra

March 21, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 15, 2023 EVO Transportation

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 15, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpor

March 21, 2023 EX-10

Executive Employment Agreement between EVO Transportation & Energy Services, Inc. and Bruce

Exhibit 10.1 EXECUTIVE EMPLOYMENT AGREEMENT This Executive Employment Agreement (the “Agreement”) is entered into and effective as of February 8, 2023 (the “Effective Date”), by and between EVO Transportation & Energy Services, Inc. (the “Company”) and Bruce Kalem, a Mississippi resident (“Executive”). 1. Duties and Scope of Employment. (a) Positions and Duties. During the Employment Term (as defi

February 14, 2023 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 8, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorp

February 7, 2023 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2022 ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Transporta

February 3, 2023 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 30, 2023 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorp

January 30, 2023 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2022 ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Transport

December 28, 2022 SC 13D/A

EVOA / EVO Transportation & Energy Services, Inc. / Antara Capital LP - SC 13D/A Activist Investment

SC 13D/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 15)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securities) 26928L 107 (CUSIP Number) Lance Kravitz Antara Capital LP 55 Hudson Yards, 47th Floor, Suite C New York, New Yo

December 28, 2022 EX-99.2

MASTER ASSIGNMENT AND ASSUMPTION

EX-99.2 3 d446082dex992.htm EX-99.2 Exhibit 99.2 MASTER ASSIGNMENT AND ASSUMPTION This Master Assignment and Assumption (the “Assignment and Assumption”) is dated as of the Effective Date set forth in item 5 below and is entered into by and between the Assignor identified in item 1 below (the “Assignor”) and each Assignee identified in item 2 below (collectively, the “Assignees” and each an “Assig

December 28, 2022 EX-99.1

AMENDED AND RESTATED SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENT

Exhibit 99.1 AMENDED AND RESTATED SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENT $9,000,000 December 23, 2022 FOR VALUE RECEIVED, on December 29, 2023 (the ?Maturity Date?), EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (?Borrower?), and each subsidiary of Borrower listed on the signature

December 15, 2022 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 9, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorp

November 16, 2022 8-K

Regulation FD Disclosure, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 16, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incor

November 15, 2022 NT 10-Q

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

NT 10-Q 1 evoaq32022nt10-q.htm NT 10-Q UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: September 30, 2022 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-

October 20, 2022 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 17, 2022 EVO Transportati

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 17, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorp

October 19, 2022 EX-17.1

Letter dated October 17, 2022 from Scott M. Honour

Exhibit 17.1 Scott Honour 315 E. Lake Street Suite 301 Wayzata, MN 55391 October 17, 2022 Board of Directors EVO Transportation & Energy Services, Inc. 2075 W Pinnacle Peak Rd, Suite 130 Phoenix, AZ 85027 To all necessary parties of EVO Transportation & Energy Services, Inc. (the ?Company?): I am writing with regard to the 8-K filed by the Company on October 12, 2022 with respect to the nature of

October 19, 2022 8-K/A

Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K/A Amendment No. 1 CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 5, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Juris

October 12, 2022 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 5, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpo

October 12, 2022 EX-17.1

Resignation Letter dated October 5, 2022 from Scott M. Honour

Exhibit 17.1 Scott Honour 315 E. Lake Street Suite 301 Wayzata, MN 55391 October 5, 2022 Board of Directors EVO Transportation & Energy Services, Inc. 2075 W Pinnacle Peak Rd, Suite 130 Phoenix, AZ 85027 To all necessary parties of EVO Transportation & Energy Services, Inc. (the ?Company?): I hereby resign all positions as a member of (i) any Board of Directors, Managers, or Governors of the Compa

September 28, 2022 DEF 14C

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 SCHEDULE 14C (RULE 14c-101) SCHEDULE 14C INFORMATION INFORMATION STATEMENT PURSUANT TO SECTION 14 (C) OF THE SECURITIES EXCHANGE ACT OF 1934

DEF 14C 1 evodef14crerecap.htm DEF 14C UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 SCHEDULE 14C (RULE 14c-101) SCHEDULE 14C INFORMATION INFORMATION STATEMENT PURSUANT TO SECTION 14 (C) OF THE SECURITIES EXCHANGE ACT OF 1934 Check the appropriate box: ☐ Preliminary Information Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14c-5(d)(2)) ☒ Def

September 23, 2022 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): September 19, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Inco

September 20, 2022 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): September 14, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Inco

September 15, 2022 PRE 14C

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 SCHEDULE 14C (RULE 14c-101) SCHEDULE 14C INFORMATION INFORMATION STATEMENT PURSUANT TO SECTION 14 (C) OF THE SECURITIES EXCHANGE ACT OF 1934

PRE 14C 1 evopre14crerecap.htm PRE 14C UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 SCHEDULE 14C (RULE 14c-101) SCHEDULE 14C INFORMATION INFORMATION STATEMENT PURSUANT TO SECTION 14 (C) OF THE SECURITIES EXCHANGE ACT OF 1934 Check the appropriate box: ☒ Preliminary Information Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14c-5(d)(2)) ☐ Def

September 14, 2022 EX-10.11

Unsecured Promissory Note dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Robert Mendola

EX-10.11 12 evoa-ex1011.htm EX-10.11 Exhibit 10.11 THIS UNSECURED PROMISSORY NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY COMPARABLE STATE SECURITIES LAW. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER THIS UNSECURED PROMISSORY NOTE NOR ANY PORTION HEREOF OR INTEREST HEREIN MAY BE SOLD, ASSIGNED, TRANSFERRED, PLEDGED OR OTHERWISE DISPOSED OF UNLESS THE SAME IS RE

September 14, 2022 EX-10.15

First Amendment of Lease dated September 8, 2022 between Ursa Major Corporation and Ursa Oak Creek LLC

Exhibit 10.15 Execution Version FIRST AMENDMENT OF LEASE This FIRST AMENDMENT OF LEASE (this ?Amendment?), dated as of September 8, 2022 (the ?Effective Date?), is entered into by and between (a) Ursa Oak Creek LLC, a Wisconsin limited liability company (?Landlord?), whose address for purposes of this Amendment is 245 Legend Heights, Wales, WI 53183 and (b) Ursa Major Corporation, a Wisconsin corp

September 14, 2022 EX-10.13

Sixth Loan Extension Agreement dated September 8, 2022 between and among EVO Transportation & Energy Services, Inc., certain of its subsidiaries as guarantors, Antara Capital Master Fund LP, Damon R. Cuzick, Bridgewest Growth Fund LLC, and Batuta Capital Advisors LLC

Exhibit 10.13 SIXTH LOAN EXTENSION AGREEMENT This SIXTH LOAN EXTENSION AGREEMENT (this ?Agreement?) is made as of September 8, 2022, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (?Borrower?), and each subsidiary of Borrower listed on the signature pages hereto or that afte

September 14, 2022 EX-10.8

Unsecured Promissory Note dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and John and Ursula Lampsa

Exhibit 10.8 THIS UNSECURED PROMISSORY NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY COMPARABLE STATE SECURITIES LAW. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER THIS UNSECURED PROMISSORY NOTE NOR ANY PORTION HEREOF OR INTEREST HEREIN MAY BE SOLD, ASSIGNED, TRANSFERRED, PLEDGED OR OTHERWISE DISPOSED OF UNLESS THE SAME IS REGISTERED UNDER SAID ACT AND APPLICABLE

September 14, 2022 EX-10.19

Warrant dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Danny Cuzick ($0.0001)

Exhibit 10.19 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE

September 14, 2022 EX-10.18

Warrant dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Antara Capital Master Fund LP (14C warrant)

Exhibit 10.18 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE

September 14, 2022 EX-10.16

First Amendment of Lease dated September 8, 2022 between Ursa Major Corporation and Ursa Group LLC

Exhibit 10.16 Execution Version FIRST AMENDMENT OF LEASE This FIRST AMENDMENT OF LEASE (this ?Amendment?), dated as of September 8, 2022 (the ?Effective Date?), is entered into by and between (a) Ursa Group LLC, a Wisconsin limited liability company (?Landlord?), whose address for purposes of this Amendment is 245 Legend Heights, Wales, WI 53183 and (b) Ursa Major Corporation, a Wisconsin corporat

September 14, 2022 EX-10.7

Unsecured Promissory Note dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Danny Cuzick

Exhibit 10.7 THIS UNSECURED PROMISSORY NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY COMPARABLE STATE SECURITIES LAW. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER THIS UNSECURED PROMISSORY NOTE NOR ANY PORTION HEREOF OR INTEREST HEREIN MAY BE SOLD, ASSIGNED, TRANSFERRED, PLEDGED OR OTHERWISE DISPOSED OF UNLESS THE SAME IS REGISTERED UNDER SAID ACT AND APPLICABLE

September 14, 2022 EX-10.22

Warrant dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and John and Ursula ($0.53)

Exhibit 10.22 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE

September 14, 2022 EX-10.14

First Amendment to Loan and Security Agreement dated September 8, 2022 between EVO Transportation & Energy Services, Inc., Thunder Ridge Transport, Inc., Billy (Trey) Peck Jr., and Clean Energy

Exhibit 10.14 FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT This First Amendment (?First Amendment?) to the Loan and Security Agreement by and between Clean Energy, a California corporation (?Lender?) and Thunder Ridge Transport, Inc., a Missouri corporation (?Borrower?) dated as of August 31, 2017 (the ?Agreement?), is made and executed effective as of September 2, 2022 (the ?First Amendment Eff

September 14, 2022 EX-10.1

Securities Purchase Agreement dated September 8, 2022 by and among EVO Transportation & Energy Services, Inc., EVO Holding Company, LLC and Antara Capital Master Fund LP

EX-10.1 2 evoa-ex101.htm EX-10.1 Exhibit 10.1 Execution Version SECURITIES PURCHASE AGREEMENT BY AND AMONG EVO TRANSPORTATION & ENERGY SERVICES, INC., EVO HOLDING COMPANY, LLC and ANTARA CAPITAL MASTER FUND LP Dated September 8, 2022 LEGALUSE # 165615534.2 TABLE OF CONTENTS ARTICLE I DEFINITIONS AND INTERPRETIVE MATTERS 4 Section 1.01 Definitions 4 Section 1.02 Interpretation 4 ARTICLE II PURCHASE

September 14, 2022 EX-10.2

Exchange Agreement dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Danny Cuzick

Exhibit 10.2 Execution Version EXCHANGE AGREEMENT Dated as of September 8, 2022 by and among EVO TRANSPORTATION & ENERGY SERVICES, INC., ENVIRONMENTAL ALTERNATIVE FUELS, LLC, And THE NOTEHOLDER SET FORTH HEREIN Table of Contents Page Article I DEFINITIONS Section 1.1 Definitions 2 Article II EXCHANGE Section 2.1 Exchange of Existing Promissory Notes 5 Section 2.2 Closing 5 Section 2.3 Acknowledgem

September 14, 2022 EX-10.25

Warrant dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Mohsin Meghji ($0.0001)

Exhibit 10.25 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE

September 14, 2022 EX-10.3

Exchange Agreement dated September 8, 2022 between EVO Transportation & Energy Services, Inc., EVO Equipment Leasing, LLC, and John and Ursula Lampsa

Exhibit 10.3 Execution Version EXCHANGE AGREEMENT Dated as of September 8, 2022 by and among EVO TRANSPORTATION & ENERGY SERVICES, INC., EVO EQUIPMENT LEASING, LLC And THE NOTEHOLDERS SET FORTH HEREIN TABLE OF CONTENTS Page Article I DEFINITIONS Section 1.1 Definitions 2 Article II EXCHANGE Section 2.1 Exchange of Existing Promissory Notes 5 Section 2.2 Closing 5 Section 2.3 Acknowledgements 6 Art

September 14, 2022 EX-10.4

Exchange Agreement dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Billy (Trey) Peck Jr.

Exhibit 10.4 Execution Version EXCHANGE AGREEMENT Dated as of September 8, 2022 by and among EVO TRANSPORTATION & ENERGY SERVICES, INC., And THE NOTEHOLDER SET FORTH HEREIN Table of Contents Page Article I DEFINITIONS Section 1.1 Definitions 2 Article II EXCHANGE Section 2.1 Exchange of Existing Promissory Note 5 Section 2.2 Closing 5 Section 2.3 Acknowledgements 7 Article III REPRESENTATIONS AND

September 14, 2022 EX-10.6

Exchange Agreement dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Robert Mendola

Exhibit 10.6 Execution Version EXCHANGE AGREEMENT Dated as of September 8, 2022 by and among EVO TRANSPORTATION & ENERGY SERVICES, INC., And THE NOTEHOLDER SET FORTH HEREIN TABLE OF CONTENTS Page Article I DEFINITIONS Section 1.1 Definitions 1 Article II EXCHANGE Section 2.1 Exchange of Existing Promissory Note 5 Section 2.2 Closing 5 Section 2.3 Acknowledgements 6 Article III REPRESENTATIONS AND

September 14, 2022 EX-10.26

Warrant dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Mohsin Meghji ($0.53)

Exhibit 10.26 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE

September 14, 2022 EX-10.28

Warrant dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Robert Mendola ($0.53)

Exhibit 10.28 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE

September 14, 2022 EX-10.9

Unsecured Promissory Note dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Billy (Trey) Peck Jr.

Exhibit 10.9 THIS UNSECURED PROMISSORY NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY COMPARABLE STATE SECURITIES LAW. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER THIS UNSECURED PROMISSORY NOTE NOR ANY PORTION HEREOF OR INTEREST HEREIN MAY BE SOLD, ASSIGNED, TRANSFERRED, PLEDGED OR OTHERWISE DISPOSED OF UNLESS THE SAME IS REGISTERED UNDER SAID ACT AND APPLICABLE

September 14, 2022 EX-10.17

Warrant dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Antara Capital Master Fund LP (immediately exercisable)

Exhibit 10.17 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE

September 14, 2022 EX-10.12

Amended and Restated Limited Liability Company Operating Agreement dated September 8, 2022 between EVO Holding Company, LLC, EVO Transportation & Energy Services, Inc. and Antara Capital Master Fund LP

Exhibit 10.12 Execution Version AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF EVO HOLDING COMPANY, LLC Dated as of September 8, 2022 TABLE OF CONTENTS Page Article I Defined Terms 1 1.1 Definitions 1 1.2 Rules of Construction 8 Article II Organization 8 2.1 Formation of the Company 9 2.2 Name 9 2.3 Purpose 9 2.4 Registered Office; Registered Agent; Principal Office; Other O

September 14, 2022 EX-10.23

Warrant dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Billy (Trey) Peck Jr. ($0.0001)

Exhibit 10.23 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE

September 14, 2022 EX-10.21

Warrant dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and John and Ursula Lampsa ($0.0001)

EX-10.21 22 evoa-ex1021.htm EX-10.21 Exhibit 10.21 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEME

September 14, 2022 EX-10.27

Warrant dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Robert Mendola ($0.0001)

Exhibit 10.27 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE

September 14, 2022 EX-10.10

Unsecured Promissory Note dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Mohsin Meghi

Exhibit 10.10 THIS UNSECURED PROMISSORY NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY COMPARABLE STATE SECURITIES LAW. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER THIS UNSECURED PROMISSORY NOTE NOR ANY PORTION HEREOF OR INTEREST HEREIN MAY BE SOLD, ASSIGNED, TRANSFERRED, PLEDGED OR OTHERWISE DISPOSED OF UNLESS THE SAME IS REGISTERED UNDER SAID ACT AND APPLICABL

September 14, 2022 EX-10.5

Exchange Agreement dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Mohsin Meghji

Exhibit 10.5 Execution Version EXCHANGE AGREEMENT Dated as of September 8, 2022 by and among EVO TRANSPORTATION & ENERGY SERVICES, INC., And THE NOTEHOLDER SET FORTH HEREIN TABLE OF CONTENTS Page Article I DEFINITIONS Section 1.1 Definitions 1 Article II EXCHANGE Section 2.1 Exchange of Existing Promissory Note 5 Section 2.2 Closing 5 Section 2.3 Acknowledgements 6 Article III REPRESENTATIONS AND

September 14, 2022 EX-10.24

Warrant dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Billy (Trey) Peck Jr. ($0.53)

Exhibit 10.24 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE

September 14, 2022 EX-10.20

Warrant dated September 8, 2022 between EVO Transportation & Energy Services, Inc. and Danny Cuzick ($0.53)

Exhibit 10.20 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE

September 14, 2022 8-K

Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): September 8, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incor

September 9, 2022 EX-99.1

SECURITIES PURCHASE AGREEMENT BY AND AMONG EVO TRANSPORTATION & ENERGY SERVICES, INC., EVO HOLDING COMPANY, LLC ANTARA CAPITAL MASTER FUND LP Dated September 8, 2022

Exhibit 99.1 Execution Version SECURITIES PURCHASE AGREEMENT BY AND AMONG EVO TRANSPORTATION & ENERGY SERVICES, INC., EVO HOLDING COMPANY, LLC and ANTARA CAPITAL MASTER FUND LP Dated September 8, 2022 TABLE OF CONTENTS ARTICLE I DEFINITIONS AND INTERPRETIVE MATTERS 4 Section 1.01 Definitions 4 Section 1.02 Interpretation 4 ARTICLE II PURCHASE AND SALE 5 Section 2.01 Purchase and Sale 5 Section 2.0

September 9, 2022 SC 13D/A

EVOA / EVO Transportation & Energy Services, Inc. / Antara Capital LP - SC 13D/A Activist Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 14)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securities) 26928L 107 (CUSIP Number) Lance Kravitz Antara Capital LP 55 Hudson Yards, 47th Floor, Suite C New York, New York 10001

September 9, 2022 EX-99.2

SIXTH LOAN EXTENSION AGREEMENT

Exhibit 99.2 SIXTH LOAN EXTENSION AGREEMENT This SIXTH LOAN EXTENSION AGREEMENT (this ?Agreement?) is made as of September 8, 2022, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (?Borrower?), and each subsidiary of Borrower listed on the signature pages hereto or that after

August 17, 2022 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 11, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpo

August 17, 2022 EX-4.1

Fifth Loan Extension Agreement dated August 12, 2022 between and among EVO Transportation & Energy Services, Inc., certain of its subsidiaries as guarantors, Antara Capital Master Fund LP, Thomas J. Abood, Damon R. Cuzick, Bridgewest Growth Fund LLC, and Batuta Capital Advisors LLC

Exhibit 4.1 FIFTH LOAN EXTENSION AGREEMENT This FIFTH LOAN EXTENSION AGREEMENT (this ?Agreement?) is made as of August 12, 2022, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (?Borrower?), and each subsidiary of Borrower listed on the signature pages hereto or that after th

August 16, 2022 NT 10-Q

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

NT 10-Q 1 evoaq22022nt10-q.htm NT 10-Q UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: June 30, 2022 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-F ☐ T

August 15, 2022 EX-99.1

FIFTH LOAN EXTENSION AGREEMENT

Exhibit 99.1 Execution Version FIFTH LOAN EXTENSION AGREEMENT This FIFTH LOAN EXTENSION AGREEMENT (this ?Agreement?) is made as of August 12, 2022, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (?Borrower?), and each subsidiary of Borrower listed on the signature pages here

August 15, 2022 SC 13D/A

EVOA / EVO Transportation & Energy Services, Inc. / Antara Capital LP - SC 13D/A Activist Investment

SC 13D/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 13)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securities) 26928L 107 (CUSIP Number) Lance Kravitz Antara Capital LP 55 Hudson Yards, 47th Floor, Suite C New York, New Yo

August 10, 2022 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 4, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpor

July 21, 2022 8-K

Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 15, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpora

July 21, 2022 EX-4.1

Fourth Loan Extension Agreement dated July 15, 2022 between and among EVO Transportation & Energy Services, Inc., certain of its subsidiaries as guarantors, Antara Capital Master Fund LP, Thomas J. Abood, Damon R. Cuzick, Bridgewest Growth Fund LLC, and Batuta Capital Advisors LLC

Exhibit 4.1 FOURTH LOAN EXTENSION AGREEMENT This FOURTH LOAN EXTENSION AGREEMENT (this “Agreement”) is made as of July 15, 2022, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (“Borrower”), and each subsidiary of Borrower listed on the signature pages hereto or that after th

July 18, 2022 SC 13D/A

EVOA / EVO Transportation & Energy Services, Inc. / Antara Capital LP - SC 13D/A Activist Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 12)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securities) 26928L 107 (CUSIP Number) Lance Kravitz Antara Capital LP 55 Hudson Yards, 47th Floor, Suite C New York, New York 10001

July 18, 2022 EX-99.1

FOURTH LOAN EXTENSION AGREEMENT

Exhibit 99.1 Execution Version FOURTH LOAN EXTENSION AGREEMENT This FOURTH LOAN EXTENSION AGREEMENT (this ?Agreement?) is made as of July 15, 2022, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (?Borrower?), and each subsidiary of Borrower listed on the signature pages here

July 15, 2022 EX-3.1

Certificate of Designations of Series D Non-Participating Preferred Stock of EVO Transportation & Energy Services, Inc., dated July 13, 2022

Exhibit 3.1 CERTIFICATE OF DESIGNATIONS OF SERIES D Non-PARTICIPATING PREFERRED STOCK OF EVO TRANSPORTATION & ENERGY SERVICES, INC. EVO TRANSPORTATION & ENERGY SERVICES, INC., a corporation organized and existing under the laws of the State of Delaware (the ?Corporation?), DOES HEREBY CERTIFY AS FOLLOWS: The Board of Directors of the Corporation (including any committee thereof, the ?Board of Dire

July 15, 2022 EX-4.1

Second Loan Extension Agreement dated June 30, 2022 between and among EVO Transportation & Energy Services, Inc., certain of its subsidiaries as guarantors, Antara Capital Master Fund LP, Thomas J. Abood, Damon R. Cuzick, Bridgewest Growth Fund LLC, and Batuta Capital Advisors LLC

SECOND LOAN EXTENSION AGREEMENT This SECOND LOAN EXTENSION AGREEMENT (this ?Agreement?) is made as of June 30, 2022, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC.

July 15, 2022 EX-4.2

Third Loan Extension Agreement dated July 8, 2022 between and among EVO Transportation & Energy Services, Inc., certain of its subsidiaries as guarantors, Antara Capital Master Fund LP, Thomas J. Abood, Damon R. Cuzick, Bridgewest Growth Fund LLC, and Batuta Capital Advisors LLC

THIRD LOAN EXTENSION AGREEMENT This THIRD LOAN EXTENSION AGREEMENT (this ?Agreement?) is made as of July 8, 2022, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC.

July 15, 2022 8-K

Changes in Control of Registrant, Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 30, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpora

July 14, 2022 EX-99.1

CERTIFICATE OF DESIGNATIONS SERIES D NON-PARTICIPATING PREFERRED STOCK EVO TRANSPORTATION & ENERGY SERVICES, INC.

Exhibit 99.1 CERTIFICATE OF DESIGNATIONS OF SERIES D NON-PARTICIPATING PREFERRED STOCK OF EVO TRANSPORTATION & ENERGY SERVICES, INC. EVO TRANSPORTATION & ENERGY SERVICES, INC., a corporation organized and existing under the laws of the State of Delaware (the ?Corporation?), DOES HEREBY CERTIFY AS FOLLOWS: The Board of Directors of the Corporation (including any committee thereof, the ?Board of Dir

July 14, 2022 SC 13D/A

EVOA / EVO Transportation & Energy Services, Inc. / Antara Capital LP - SC 13D/A Activist Investment

SC 13D/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 11)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securities) 26928L 107 (CUSIP Number) Lance Kravitz Antara Capital LP 55 Hudson Yards, 47th Floor, Suite C New York, New Yo

July 11, 2022 EX-99.1

THIRD LOAN EXTENSION AGREEMENT

Exhibit 99.1 Execution Version THIRD LOAN EXTENSION AGREEMENT This THIRD LOAN EXTENSION AGREEMENT (this ?Agreement?) is made as of July 8, 2022, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (?Borrower?), and each subsidiary of Borrower listed on the signature pages hereto

July 11, 2022 SC 13D/A

EVOA / EVO Transportation & Energy Services, Inc. / Antara Capital LP - SC 13D/A Activist Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 10)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securities) 26928L 107 (CUSIP Number) Lance Kravitz Antara Capital LP 55 Hudson Yards, 47th Floor, Suite C New York, New York 10001

July 1, 2022 SC 13D/A

EVOA / EVO Transportation & Energy Services, Inc. / Antara Capital LP - SC 13D/A Activist Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 9)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securities) 26928L 107 (CUSIP Number) Lance Kravitz Antara Capital LP 55 Hudson Yards, 47th Floor, Suite C New York, New York 10001 (

July 1, 2022 EX-99.1

SECOND LOAN EXTENSION AGREEMENT

Exhibit 99.1 Execution Version SECOND LOAN EXTENSION AGREEMENT This SECOND LOAN EXTENSION AGREEMENT (this ?Agreement?) is made as of June 30, 2022, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (?Borrower?), and each subsidiary of Borrower listed on the signature pages here

June 30, 2022 EX-10.102

Second Amendment to Executive Employment Agreement effective January 1, 2021 between EVO Transportation & Energy Services, Inc. and Billy (“Trey”) Peck, Jr.

Exhibit 10.102 SECOND AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT This second amendment ("Second Amendment") effective as of January 1, 2021 is made to that certain Executive Employment Agreement dated June 1, 2018 (the "Initial Agreement") between EVO Transportation & Energy Services, Inc. ("Company") and Billy ("Trey") Peck, Jr. ("Executive") as amended March 23, 2020 (the "First Amendment", tog

June 30, 2022 EX-10.98

Amended and Restated Option Agreement dated March 18, 2022 between EVO Transportation & Energy Services, Inc. and Danny Cuzick

Exhibit 10.98 EVO TRANSPORTATION & ENERGY SERVICES, INC. AMENDED STOCK OPTION AGREEMENT THIS AMENDED STOCK OPTION AGREEMENT (?Amended Option Agreement?) is entered into as of March 18, 2022, by and between EVO Transportation & Energy Services, Inc., a Delaware corporation (the ?Company?) and Danny Cuzick (the ?Optionee?). WHEREAS, under the EVO Transportation & Energy Services, Inc. Amended and Re

June 30, 2022 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2021 ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Transporta

June 30, 2022 EX-10.73

Ground Lease Agreement dated March 4, 2022 between Transport Leasing Inc. and 1230 McCarter Highway, LLC

Exhibit 10.73 GROUND LEASE AGREEMENT This Ground Lease Agreement (the ?Lease?) is made as of this 4th day of March, 2022, between 1230 MCCARTER HIGHWAY LLC, a New Jersey limited liability company having an office at 76 West Minster Court, Staten Island, New York 10304 (?Landlord?); and EVO Transportation & Energy Services, Inc., a Delaware corporation having a business address at 2075 W Pinnacle P

June 30, 2022 EX-10.100

Amendment to Executive Employment Agreement dated November 4, 2020 between EVO Transportation & Energy Services, Inc. and Thomas Abood

Exhibit 10.100 AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT This amendment (?Amendment?) effective as of November 4, 2020 is made to that certain Amended and Restated Executive Employment Agreement dated April 10, 2020 (the ?Agreement?) between EVO Transportation & Energy Services, Inc. (?Company?) and Thomas J. Abood (?Executive?). Capitalized terms used and not defined herein shall have the meani

June 30, 2022 EX-10.101

Amendment to Executive Employment Agreement effective January 1, 2021 between EVO Transportation & Energy Services, Inc. and Damon Cuzick

Exhibit 10.101 AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT This amendment (?Amendment?) effective as of January 1, 2021 is made to that certain Executive Employment Agreement dated February 1, 2017 (the ?Agreement?) between EVO Transportation & Energy Services, Inc. (?Company?) and Damon R. Cuzick (?Executive?). Capitalized terms used and not defined herein shall have the meaning set forth therefo

June 30, 2022 EX-21.1

Subsidiaries of EVO Transportation & Energy Services, Inc.

EX-21.1 8 evoa-ex211.htm EX-21.1 Exhibit 21.1 Subsidiaries of the Registrant* Subsidiaries State of Incorporation/Organization Titan CNG LLC Delaware Environmental Alternative Fuels, LLC (subsidiary of EVO Holding Company, LLC Delaware EVO CNG, LLC (subsidiary of Environmental Alternative Fuels, LLC) Delaware Titan El Toro LLC (subsidiary of Titan CNG LLC) Delaware Titan Diamond Bar LLC (subsidiar

June 30, 2022 EX-10.99

Amended and Restated Option Agreement dated March 18, 2022 between EVO Transportation & Energy Services, Inc. and Danny Cuzick

Exhibit 10.99 EVO TRANSPORTATION & ENERGY SERVICES, INC. AMENDED STOCK OPTION AGREEMENT THIS AMENDED STOCK OPTION AGREEMENT (?Amended Option Agreement?) is entered into as of March 18, 2022, by and between EVO Transportation & Energy Services, Inc., a Delaware corporation (the ?Company?) and Danny Cuzick (the ?Optionee?). WHEREAS, under the EVO Transportation & Energy Services, Inc. Amended and Re

June 30, 2022 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ? ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2021 ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Transportation

June 30, 2022 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2021 ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Transport

June 30, 2022 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2021 ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Trans

June 6, 2022 EX-10.2

Indemnification Agreement dated May 31, 2022 between EVO Transportation & Energy Services, Inc. and Chetan Bansal (46)

Exhibit 10.2 INDEMNIFICATION AGREEMENT This Indemnification Agreement (?Agreement?), dated as of May 31, 2022, is by and between EVO Transportation & Energy Services, Inc., a Delaware corporation (the ?Company?), and Chetan Bansal (the ?Indemnitee?). WHEREAS, Indemnitee has agreed to serve as a member of the Company?s board of directors (the ?Board?) effective as of the date hereof; WHEREAS, the B

June 6, 2022 EX-4.1

Loan Extension Agreement dated May 31, 2022 between and among EVO Transportation & Energy Services, Inc., certain of its subsidiaries as guarantors, Antara Capital Master Fund LP, Thomas J. Abood, Damon R. Cuzick, Bridgewest Growth Fund LLC, and Batuta Capital Advisors LLC (46)

LOAN EXTENSION AGREEMENT This LOAN EXTENSION AGREEMENT (this ?Agreement?) is made as of May 31, 2022, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC.

June 6, 2022 EX-10.1

Board Observer Agreement dated May 31, 2022 between EVO Transportation & Energy Services, Inc. and Danny R. Cuzick (46)

Exhibit 10.1 BOARD OBSERVER AGREEMENT THIS BOARD OBSERVER AGREEMENT (?Agreement?) dated as of the 31st day of May, 2022 (this ?Agreement?), is made by and between EVO Transportation & Energy Services, Inc., a Delaware corporation (the ?Company?), and Danny R. Cuzick (?Observer?). WHEREAS, the Company has agreed to appoint Observer as a non-voting observer who will be entitled to attend and partici

June 6, 2022 EX-10.3

Indemnification Agreement dated May 31, 2022 between EVO Transportation & Energy Services, Inc. and Raph Posner (46)

Exhibit 10.3 INDEMNIFICATION AGREEMENT This Indemnification Agreement (?Agreement?), dated as of May 31, 2022, is by and between EVO Transportation & Energy Services, Inc., a Delaware corporation (the ?Company?), and Raph Posner (the ?Indemnitee?). WHEREAS, Indemnitee has agreed to serve as a member of the Company?s board of directors (the ?Board?) effective as of the date hereof; WHEREAS, the Boa

June 6, 2022 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 31, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorporat

June 6, 2022 EX-17.1

Resignation Letter dated May 31, 2022 from Danny R. Cuzick

Exhibit 17.1 Resignation EVO Transportation & Energy Services, Inc. 2075 W. Pinnacle Peak Rd, Suite 130 Phoenix, Arizona 85027 I, Danny R. Cuzick , hereby resign in all capacities as a member of the board of directors and all committees thereof of EVO Transportation & Energy Services, Inc., a Delaware corporation (the ?Company?), effective as of May 31, 2022. /s/ Danny R. Cuzick Danny R. Cuzick

June 6, 2022 EX-17.2

Resignation Letter dated May 31, 2022 from R. Scott Wheeler

Exhibit 17.2 Resignation EVO Transportation & Energy Services, Inc. 2075 W. Pinnacle Peak Rd, Suite 130 Phoenix, Arizona 85027 I, R. Scott Wheeler, hereby resign in all capacities as a member of the board of directors and all committees thereof of EVO Transportation & Energy Services, Inc., a Delaware corporation (the ?Company?), effective as of May 31, 2022. /s/ R. Scott Wheeler R. Scott Wheeler

June 1, 2022 SC 13D/A

EVOA / EVO Transportation & Energy Services, Inc. / Antara Capital LP - SC 13D/A Activist Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 8)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securities) 26928L 107 (CUSIP Number) Lance Kravitz Antara Capital LP 55 Hudson Yards, 47th Floor, Suite C New York, New York 10001 (

June 1, 2022 EX-99.1

LOAN EXTENSION AGREEMENT

Exhibit 99.1 Execution Version LOAN EXTENSION AGREEMENT This LOAN EXTENSION AGREEMENT (this ?Agreement?) is made as of May 31, 2022, by and among (i) EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075 West Pinnacle Peak Rd., Suite 130, Phoenix AZ 85027 (?Borrower?), and each subsidiary of Borrower listed on the signature pages hereto or that afte

May 25, 2022 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 23, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorporat

May 17, 2022 NT 10-Q

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

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ? Form 10-K ? Form 20-F ? Form 11-K ? Form 10-Q ? Form 10-D ? Form N-SAR ? Form N-CSR For Period Ended: March 31, 2022 ? Transition Report on Form 10-K ? Transition Report on Form 20-F ? Transition Report on Form 11-K ? Transi

April 19, 2022 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 13, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpor

April 1, 2022 NT 10-K

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

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ? Form 10-K ? Form 20-F ? Form 11-K ? Form 10-Q ? Form 10-D ? Form N-SAR ? Form N-CSR For Period Ended: December 31, 2021 ? Transition Report on Form 10-K ? Transition Report on Form 20-F ? Transition Report on Form 11-K ? Tra

March 29, 2022 EX-3.1

Certificate of Designations of Series C Non-Participating Preferred Stock of EVO Transportation & Energy Services, Inc., dated March 11, 2022

EX-3.1 2 evoa-ex31.htm EX-3.1 CERTIFICATE OF DESIGNATIONS OF SERIES C Non-PARTICIPATING PREFERRED STOCK OF EVO TRANSPORTATION & ENERGY SERVICES, INC. EVO TRANSPORTATION & ENERGY SERVICES, INC., a corporation organized and existing under the laws of the State of Delaware (the “Corporation”), DOES HEREBY CERTIFY AS FOLLOWS: The Board of Directors of the Corporation (including any committee thereof,

March 29, 2022 EX-10.8

Warrant dated March 11, 2022 between EVO Transportation & Energy Services, Inc. and Bridgewest Growth Fund LLC

WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE UNDER THE ACT

March 29, 2022 EX-10.4

Second Amendment to Secured Convertible Promissory Note dated March 11, 2022 between EVO Transportation & Energy Services, Inc. and Danny R. Cuzick, as holders representative on behalf of Thomas J. Kiley

SECOND AMENDMENT TO SECURED CONVERTIBLE PROMISSORY NOTE This Second Amendment to Secured Convertible Promissory Note is made and entered into effective as of March 11, 2022, by and between EVO Transportation & Energy Services, Inc.

March 29, 2022 EX-10.1

Second Amendment to Secured Convertible Promissory Note dated March 11, 2022 between EVO Transportation & Energy Services, Inc. and Danny R. Cuzick

SECOND AMENDMENT TO SECURED CONVERTIBLE PROMISSORY NOTE This Second Amendment to Secured Convertible Promissory Note is made and entered into effective as of March 11, 2022, by and between EVO Transportation & Energy Services, Inc.

March 29, 2022 EX-10.13

Warrant dated March 11, 2022 between EVO Transportation & Energy Services, Inc. and Thomas J. Kiley

WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?SECURITIES ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE UND

March 29, 2022 EX-10.14

Lease Renewal Agreement dated March 21, 2022 between EVO Transportation & Energy Services, Inc. and HP Lumina, LLC

EX-10.14 18 evoa-ex1014.htm EX-10.14 Exhibit 10.14 LEASE RENEWAL AGREEMENT THIS LEASE RENWAL AGREEMENT (the “Agreement”) is made this 18th day of March, 2022, by and between EVO Transportation & Energy Services, Inc., a Delaware corporation, (“Tenant”), and HP Lumina, LLC, a Texas limited liability company (“Landlord”). WITNESSETH Whereas, Landlord entered into that certain Lease Agreement with Ed

March 29, 2022 EX-10.10

Warrant dated March 11, 2022 between EVO Transportation & Energy Services, Inc. and Danny R. Cuzick

WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?SECURITIES ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE UND

March 29, 2022 EX-10.2

Second Amendment to Secured Convertible Promissory Note dated March 11, 2022 between EVO Transportation & Energy Services, Inc. and Danny R. Cuzick, as holders representative on behalf of Damon R. Cuzick

SECOND AMENDMENT TO SECURED CONVERTIBLE PROMISSORY NOTE This Second Amendment to Secured Convertible Promissory Note is made and entered into effective as of March 11, 2022, by and between EVO Transportation & Energy Services, Inc.

March 29, 2022 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 11, 2022 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpor

March 29, 2022 EX-10.5

Warrant dated March 11, 2022 between EVO Transportation & Energy Services, Inc. and Antara Capital Master Fund LP

WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE UNDER THE ACT

March 29, 2022 EX-10.6

Warrant dated March 11, 2022 between EVO Transportation & Energy Services, Inc. and Thomas J. Abood

EX-10.6 10 evoa-ex106.htm EX-10.6 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH

March 29, 2022 EX-4.1

Senior Secured Loan and Executive Loan Agreement dated March 11, 2022 between and among EVO Transportation & Energy Services, Inc., certain of its subsidiaries as guarantors, Antara Capital Master Fund LP, Thomas J. Abood, Damon R. Cuzick, Bridgewest Growth Fund LLC, and Batuta Capital Advisors LLC

SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENT $9,000,000 March 11, 2022 FOR VALUE RECEIVED, on the earlier of (i) demand by the Lender on any day prior to the Collateral Pledge Effective Date and (ii) May 31, 2022 (the earlier of such dates, the ?Maturity Date?), EVO TRANSPORTATION & ENERGY SERVICES, INC.

March 29, 2022 EX-10.7

Warrant dated March 11, 2022 between EVO Transportation & Energy Services, Inc. and Damon R. Cuzick

WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE UNDER THE ACT

March 29, 2022 EX-3.2

Amended and Restated Bylaws of EVO Transportation & Energy Services, Inc., dated March 18, 2022

Exhibit 3.2 AMENDED AND RESTATED BYLAWS OF EVO TRANSPORTATION & ENERGY SERVICES, INC. (a Delaware corporation) (formerly known as MINN SHARES INC.) (adopted effective as of March 18, 2022) These Amended and Restated Bylaws of EVO Transportation & Energy Services, Inc. (the ?Amended and Restated Bylaws?), a corporation organized and existing under the laws of the State of Delaware (formerly known a

March 29, 2022 EX-10.3

Second Amendment to Secured Convertible Promissory Note dated March 11, 2022 between EVO Transportation & Energy Services, Inc. and Danny R. Cuzick, as holders representative on behalf of Theril H. Lund

SECOND AMENDMENT TO SECURED CONVERTIBLE PROMISSORY NOTE This Second Amendment to Secured Convertible Promissory Note is made and entered into effective as of March 11, 2022, by and between EVO Transportation & Energy Services, Inc.

March 29, 2022 EX-10.9

Warrant dated March 11, 2022 between EVO Transportation & Energy Services, Inc. and Batuta Capital Advisors

WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE UNDER THE ACT

March 29, 2022 EX-10.12

Warrant dated March 11, 2022 between EVO Transportation & Energy Services, Inc. and Theril H. Lund

WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?SECURITIES ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE UND

March 29, 2022 EX-10.11

Warrant dated March 11, 2022 between EVO Transportation & Energy Services, Inc. and Damon R. Cuzick

EX-10.11 15 evoa-ex1011.htm EX-10.11 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT

March 16, 2022 SC 13D/A

EVOA / EVO Transportation & Energy Services, Inc. / Antara Capital LP - SC 13D/A Activist Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 7)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securities) 26928L 107 (CUSIP Number) Lance Kravitz Antara Capital LP 55 Hudson Yards, 47th Floor, Suite C New York, New York 10001 (

March 16, 2022 EX-99.2

[SIGNATURE PAGE FOLLOWS]

Exhibit 99.2 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ?ACT?), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE U

March 16, 2022 EX-99.1

SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENT

Exhibit 99.1 EXECUTION VERSION SENIOR SECURED LOAN AND EXECUTIVE LOAN AGREEMENT $9,000,000 March 11, 2022 FOR VALUE RECEIVED, on the earlier of (i) demand by the Lender on any day prior to the Collateral Pledge Effective Date and (ii) May 31, 2022 (the earlier of such dates, the ?Maturity Date?), EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation having its principal office at 2075

February 17, 2022 SC 13D/A

EVOA / EVO Transportation & Energy Services, Inc. / Antara Capital LP - SC 13D/A Activist Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 6)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securities) 26928L 107 (CUSIP Number) Lance Kravitz Antara Capital LP 55 Hudson Yards, 47th Floor, Suite C New York, New York 10001 (

February 17, 2022 EX-99.3

[SIGNATURE PAGE FOLLOWS] [Remainder of page intentionally left blank]

EX-99.3 Exhibit 99.3 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFF

February 17, 2022 EX-99.2

[SIGNATURE PAGE FOLLOWS] [Remainder of page intentionally left blank]

EX-99.2 2 d306720dex992.htm EX-99.2 Exhibit 99.2 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT

February 1, 2022 EX-21.1

Subsidiaries of EVO Transportation & Energy Services, Inc.

EX-21.1 3 evoa-ex211.htm EX-21.1 Exhibit 21.1 Subsidiaries of the Registrant* Subsidiaries State of Incorporation/Organization Titan CNG LLC Delaware Environmental Alternative Fuels, LLC (subsidiary of EVO Holding Company, LLC Delaware EVO CNG, LLC (subsidiary of Environmental Alternative Fuels, LLC) Delaware Titan El Toro LLC (subsidiary of Titan CNG LLC) Delaware Titan Diamond Bar LLC (subsidiar

February 1, 2022 EX-10.79

Executive Employment Agreement dated February 1, 2021 between EVO Transportation & Energy Services, Inc. and R. Scott Wheeler

EX-10.79 2 evoa-ex1079.htm EX-10.79 EXECUTIVE EMPLOYMENT AGREEMENT This Executive Employment Agreement (the "Agreement”) is entered into and effective as of February 1, 2021 (the “Effective Date”), by and between EVO Transportation & Energy Services, Inc. (the “Company”) and R. Scott Wheeler (“Executive”). 1. Duties and Scope of Employment. (a) Positions and Duties. During the Employment Term (as

February 1, 2022 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2020 ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Transporta

February 1, 2022 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2020 ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Transport

February 1, 2022 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2020 ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Transportation

February 1, 2022 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2020 ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Trans

November 16, 2021 NT 10-Q

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

NT 10-Q 1 evoaq32021nt10-q.htm NT 10-Q UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: September 30, 2021 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-

September 8, 2021 EX-16.1

Letter from Marcum LLP to the Securities and Exchange Commission dated September 8, 2021 (43)

Exhibit 16.1 September 8, 2021 Office of the Chief Accountant Securities and Exchange Commission 100 F Street, N.E. Washington, D.C. 20549 Ladies and Gentlemen: We have read the statements made by EVO Transportation & Energy Services, Inc. under Item 4.01 of its Form 8-K filed on September 8, 2021. We agree with the statements concerning our Firm under Item 4.01; we are not in a position to agree

September 8, 2021 8-K

Current Report

8-K 1 evoa-8k20210901.htm 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): September 1, 2021 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State

September 3, 2021 EX-99.1

EVO Transportation & energy services, INC. ANNUAL INCENTIVE PLAN

EX-99.1 2 evoa-ex9917.htm EX-99.1 Exhibit 99.1 EVO Transportation & energy services, INC. ANNUAL INCENTIVE PLAN 1. Purpose; Administration. The purpose of the EVO Transportation & Energy Services, Inc. Annual Incentive Plan (the “Plan”) is to provide annual incentives and rewards to certain employees of EVO Transportation & Energy Services, Inc. (the “Company”) in the form of cash bonuses, to enha

September 3, 2021 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Entry into a Material Definitive Agreement

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 3, 2021 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpor

September 3, 2021 EX-99.2

EVO Transportation & energy services, Inc. LONG-TERM INCENTIVE PLAN

EX-99.2 3 evoa-ex9926.htm EX-99.2 Exhibit 99.2 EVO Transportation & energy services, Inc. LONG-TERM INCENTIVE PLAN 1. Purpose; Administration. The purpose of the EVO Transportation & Energy Services, Inc. Long-Term Incentive Plan (the “Plan”) is to provide long-term incentives and rewards to certain employees of EVO Transportation & Energy Services, Inc. (the “Company”) in the form of equity bonus

August 27, 2021 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2019 ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Trans

August 17, 2021 NT 10-Q

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

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: June 30, 2021 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-F ☐ Transition Report on Form 11-K ☐ Transit

August 10, 2021 EX-10.115

Lease – Business Property dated January 29, 2018 between Sheehy Mail Contractors, Inc. and Penta Partners, LLC (42)

Exhibit 10.115 LEASE - BUSINESS PROPERTY THIS LEASE, is entered into on January 29th, 2018, by and between Penta Partners, LLC, an Iowa Limited Liability Company (?Landlord?) whose address for the purpose of this lease is 5700 University Avenue, Suite 220, West Des Moines, IA 50266, and Sheehy Mail Contractors Inc., a Wisconsin Corporation (?Tenant?) whose address for the purpose of this lease is

August 10, 2021 EX-10.110

Office Lease dated November 27, 2019 between EVO Transportation & Energy Services, Inc. and LPC Corridors, LLC (42)

Exhibit 10.110 OFFICE LEASE by and between LPC CORRIDORS, LLC, an Arizona limited liability company (?Landlord?) and EVO TRANSPORTATION & ENERGY SERVICES INC., a Delaware corporation (?Tenant?) Dated as of November 27, 2019 OFFICE LEASE THIS OFFICE LEASE is made between LPC CORRIDORS, LLC, an Arizona limited liability company (?Landlord?), and the Tenant described in Item 1 of the Basic Lease Prov

August 10, 2021 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ? ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2019 ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Transportation

August 10, 2021 EX-10.112

Lease dated February 1, 2019 between Ursa Major Corporation and Ursa Group, LLC (42)

Exhibit 10.112 LEASE 4253 ARGOSY COURT MADISON, WISCONSIN TENANT: Ursa Major Corporation DATE: February 1, 20219 TABLE OF CONTENTS LEASE 4253 ARGOSY COURT MADISON, WISCONSIN TENANT: Ursa Major Corporation (dba Ursa Logistics), a Wisconsin corporation Introductory Article ARTICLE 1 DEMISED PREMISES; TERM 1 ARTICLE 2 RENT; BASE RENT 1 ARTICLE 3 ADDITIONAL RENT 1 ARTICLE 4 USE 5 ARTICLE 5 SERVICES 7

August 10, 2021 EX-10.113

Lease dated February 1, 2019 between Ursa Major Corporation and Ursa Oak Creek LLC (42)

Exhibit 10.113 LEASE 6925 SOUTH 6th STREET, SUITES 100 & 400 OAK CREEK, WISCONSIN TENANT: Ursa Major Corporation DATE: February 1, 2019 TABLE OF CONTENTS LEASE 6925 SOUTH 6TH STREET, SUITES 100 & 400 OAK CREEK, WISCONSIN TENANT: Ursa Major Corporation (dba Ursa Logistics), a Wisconsin corporation Introductory Article Article 1 DEMISED PREMISES; TERM 2 ARTICLE 2 RENT; BASE RENT 2 ARTICLE 3 ADDITION

August 10, 2021 EX-10.122

Employment Agreement dated June 21, 2021 between EVO Transportation & Energy Services, Inc. and Patrick Seul (42)

Exhibit 10.122 EXECUTIVE EMPLOYMENT AGREEMENT This Executive Employment Agreement (the "Agreement?) is entered into and effective as of June 21, 2021 (the ?Effective Date?), by and between EVO Transportation & Energy Services, Inc. (the ?Company?) and Patrick Seul, a Minnesota resident (?Executive?). 1. Duties and Scope of Employment. (a) Positions and Duties. During the Employment Term (as define

August 10, 2021 EX-10.120

Assignment, Assumption and Consent to Assignment of Lease and Subleases dated May 26, 2021 by and among HP Lumina, LLC, Atlantic Postal Services, Inc., and EVO Transportation & Energy Services, Inc. (42)

Exhibit 10.120 ASSIGNMENT, ASSUMPTION AND CONSENT TO ASSIGNMENT OF LEASE AND SUBLEASES THIS AGREEMENT is made the 26th day of May, 2021 (the ?Effective Date?), by and among HP Lumina, LLC, a Texas limited liability company (?Landlord?), Atlantic Postal Services, Inc., a Delaware corporation (?Assignor?) and EVO Transportation & Energy Services, Inc., a Delaware corporation (?Assignee?). RECITALS:

August 10, 2021 EX-10.111

Commercial Lease Agreement dated November 1, 2019 between Thunder Ridge Transport, Inc. and Apple Moving, Inc. (42)

Exhibit 10.111 COMMERCIAL LEASE AGREEMENT THIS LEASE (this ?Lease?) dated this 1st day of November, 2019 BETWEEN: Apple Moving, INC. of 8213-A Shoal Creek Blvd., Austin, TX 78754 Telephone: (512) 736-7815 (the ?Landlord?) OF THE FIRST PART - AND - Thunder Ridge Transport, Inc. of 319 N. Main Ave., Suite 310, Springfield, MO 65806 Telephone: (623) 777-0677 (the ?Tenant?) OF THE SECOND PART IN CONSI

August 10, 2021 EX-10.114

Lease Agreement dated September 30, 2018 between Thunder Ridge Transport, Inc. and ST Equity Properties, LLC (42)

Exhibit 10.114 LEASE AGREEMENT THIS AGREEMENT AND LEASE, made and entered into this 30th day of September, 2018, by and between ST Equity Properties, LLC whose address is 2849 Switzer Rd, Columbus, OH 43219, hereinafter called ?Lessor? or ?Landlord?, and Thunder Ridge Transport, Inc. whose address is 873 Wheat Ridge Road, West Union, Ohio 45693, hereinafter called ?Lessee? or ?Tenant?. WITNESSETH

August 10, 2021 EX-10.116

Ground Lease Agreement dated March 27, 2019 between Transport Leasing Inc. and 1230 McCarter Highway, LLC

Exhibit 10.116 EXECUTION VERSION GROUND LEASE AGREEMENT This Ground Lease Agreement (the ?Lease?) is made as of this 27th day of March , 2019, between 1230 MCCARTER HIGHWAY. LLC, a New Jersey limited liability company having an office at 76 West Minster Court, Staten Island, New York 10304 (?Landlord?); and TRANSPORT LEASING INC. a New Jersey corporation having a business address at 435 Allwood Ro

August 10, 2021 EX-10.121

Lease Agreement dated April 26, 2015 between HP Lumina, LLC and Edwards Mail Service, Inc. (42)

Exhibit 10.121 LEASE AGREEMENT ARTICLE 1 1.01. Summary of Basic Lease Provisions. When used herein, the following terms shall have the indicated meanings: a. Date of Lease: April 26, 2015 b. Landlord: HP LUMINA, LLC, a Texas limited liability company c. Address of Landlord: c/o HP Lumina, LLC a Texas Limited Liability Company P.O. Box 260081, Plano, TX 75026 TEL: (469) 939-7120 EMAIL: drsamgao@yah

August 10, 2021 EX-10.117

Storage Parking Lease dated March 1, 2012 between John W. Ritter Trucking Incorporated and Allen Robinson (42)

Exhibit 10.117 STORAGE PARKING LEASE This Agreement is made and entered in this 1st day of March, 2012, between Allen Robinson; of 8283 Brock Bridge Road, Laurel, MD. 20724, hereinafter referred to as ?Lessor or Landlord? and John W. Ritter Trucking Incorporated / Matt Ritter, of 8271 Brock Bridge Road, hereinafter referred to as ?Lessee or Tenant?. WHEREAS, Lessor desires to lease to Lessee and L

August 10, 2021 EX-21.1

Subsidiaries of EVO Transportation & Energy Services, Inc.

Exhibit 21.1 Subsidiaries of the Registrant* Subsidiaries State of Incorporation/Organization Titan CNG LLC Delaware Environmental Alternative Fuels, LLC (subsidiary of EVO Holding Company, LLC Delaware EVO CNG, LLC (subsidiary of Environmental Alternative Fuels, LLC) Delaware Titan El Toro LLC (subsidiary of Titan CNG LLC) Delaware Titan Diamond Bar LLC (subsidiary of Titan CNG LLC) Delaware Tita

August 10, 2021 EX-10.119

Lease dated October 31, 2019 between EVO Transportation & Energy Services, Inc. and Ailanthus L.L.C. (42)

Exhibit 10.119 LEASE THIS LEASE (the "Lease") is entered into as of the 31st day of October 2019 by and between Ailanthus L.L.C., a Missouri limited liability company ("Landlord") and Evo Transportation and Energy Services, Inc., an Arizona corporation ("Tenant"). The addresses of Landlord and Tenant for the proposes of this Lease and all notices shall be as follows; Landlord's Address: Tenant's A

August 10, 2021 EX-10.118

First Amendment to Commercial Lease Agreement dated February 4, 2021 between EVO Transportation, Inc. and Anne Arundel Development Group, LLC (42)

Exhibit 10.118 FIRST AMENDMENT TO COMMERICAL LEASE AGREEMENT THIS FIRST AMENDMENT ("Amendment") made as of the 4th day of February, 2021, to the Commercial Lease Agreement dated May 7, 2019, by and between Anne Arundel Development Group, LLC, ("Landlord"), and EVO Transportation, Inc. previously dba John W. Ritter Trucking, Inc. ("Tenant"). WJTNESSETH: WHEREAS, the parties to the Lease desire to a

June 25, 2021 8-K

Current Report

8-K 1 evoa-8k20210621.htm 8-K RE SEUL EA UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 21, 2021 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850

May 18, 2021 NT 10-Q

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

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: March 31, 2021 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-F ☐ Transition Report on Form 11-K ☐ Transi

April 1, 2021 NT 10-K

- EVOA NT 10-K 2020

NT 10-K 1 evoa-nt10k20201231.htm EVOA NT 10-K 2020 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ☒ Form 10-K ☐ Form 20-F ☐ Form 11-K ☐ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: December 31, 2020 ☐ Transition Report on Form 10-K ☐ Transition Report

March 23, 2021 EX-10.1

Settlement Agreement and Releases dated March 12, 2021 between EVO Transportation & Energy Services, Inc., Midwest Bank, Dan Thompson II, LLC, Antara Capital LP, Antara Capital Master Fund LP, Antara Capital GP, LLC, Antara Capital Fund GP LLC, CEOF Holdings, LP and Himanshu Gulati, and Danny R. Cuzick, individually and as Holders’ Representative on behalf of Damon R. Cuzick, Theril H. Lund, and Thomas J. Kiley.

EX-10.1 2 evoa-ex10114.htm SETTLEMENT AGREEMENT AND RELEASES Exhibit 10.1 SETTLEMENT AGREEMENT AND RELEASES This Settlement Agreement and Releases (“Settlement Agreement”) is made this 12th day of March, 2021 between Midwest Bank (“Midwest”), Dan Thompson II, LLC (“DTII”), Evo Transportation & Energy Services, Inc. (“EVO”), Antara Capital LP, Antara Capital Master Fund LP, Antara Capital GP, LLC,

March 23, 2021 EX-10.3

Warrant Agreement dated March 17, 2021 between EVO Transportation & Energy Services, Inc. and Dan Thompson II, LLC ($2.50).

EX-10.3 4 evoa-ex10311.htm WARRANT AGREEMENT (THOMPSON $2.50) Exhibit 10.3 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I

March 23, 2021 8-K

Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities

8-K 1 evoa-8k20210317.htm THOMPSON SETTLEMENT 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 17, 2021 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 3

March 23, 2021 EX-10.2

Warrant Agreement dated March 17, 2021 between EVO Transportation & Energy Services, Inc. and Midwest Bank.

EX-10.2 3 evoa-ex10213.htm WARRANT AGREEMENT (MIDWEST BANK) Exhibit 10.2 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I)

March 23, 2021 EX-10.4

Warrant Agreement dated March 17, 2021 between EVO Transportation & Energy Services, Inc. and Dan Thompson II, LLC ($0.01).

EX-10.4 5 evoa-ex10412.htm WARRANT AGREEMENT (THOMPSON $0.01) Exhibit 10.4 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I

March 5, 2021 EX-4.1

Loan Agreement dated December 14, 2020 between EVO Holding Company, LLC, Ritter Transport, Inc., John W. Ritter Trucking, Inc., Johmar Leasing Company, LLC, Ritter Transportation Systems, Inc., as the Borrowers, EVO Transportation & Energy Services, Inc., as Guarantor, and Commerce Bank of Arizona, Inc.

EX-4.1 2 evoa-ex4115.htm LOAN AGREEMENT DATED DECEMBER 14, 2020 Exhibit 4.1 LOAN AGREEMENT (Main Street Priority Loan) By and Between EVO HOLDING COMPANY, LLC, a Delaware limited liability company, RITTER TRANSPORT, INC., a Maryland corporation, JOHN W. RITTER TRUCKING, INC., a Maryland corporation, JOHMAR LEASING COMPANY, LLC, a Maryland limited liability company, and RITTER TRANSPORTATION SYSTEM

March 5, 2021 EX-4.2

Second Omnibus Amendment to Loan Documents dated December 14, 2020 between EVO Transportation & Energy Services, Inc., each subsidiary of EVO Transportation & Energy Services, Inc., various lenders from time to time party thereto, and Cortland Capital Market Services LLC, as administrative agent and collateral agent.

EX-4.2 3 evoa-ex4214.htm SECOND OMNIBUS AMENDMENT TO LOAN DOCUMENTS Exhibit 4.2 SECOND OMNIBUS AMENDMENT TO LOAN DOCUMENTS (Main Street Loan Consent) This SECOND OMNIBUS AMENDMENT TO LOAN DOCUMENTS (together with each exhibit, schedule and/or attachment hereto, this “Agreement”) dated as of December 11, 2020, is entered into by and among EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corpo

March 5, 2021 8-K

Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

8-K 1 evoa-8k20201229.htm 8-K RE MAIN STREET UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 29, 2020 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-

March 5, 2021 EX-4.4

Second Modification Agreement dated December 23, 2020 between EVO Holding Company, LLC, Ritter Transport, Inc., John W. Ritter Trucking, Inc., Johmar Leasing Company, LLC, Ritter Transportation Systems, Inc., as the Borrowers, EVO Transportation & Energy Services, Inc., as Guarantor, and Commerce Bank of Arizona, Inc.

EX-4.4 5 evoa-ex4440.htm SECOND MODIFICATION AGREEMENT DATED DECEMBER 23, 2020 Exhibit 4.4 SECOND MODIFICATION AGREEMENT (Main Street Priority Loan) This Second Modification Agreement (this “Agreement”) is made as of December 23, 2020, by and between EVO HOLDING COMPANY, LLC, a Delaware limited liability company, RITTER TRANSPORT, INC., a Maryland corporation, JOHN W. RITTER TRUCKING, INC., a Mary

March 5, 2021 EX-4.3

Modification Agreement dated December 22, 2020 between EVO Holding Company, LLC, Ritter Transport, Inc., John W. Ritter Trucking, Inc., Johmar Leasing Company, LLC, Ritter Transportation Systems, Inc., as the Borrowers, EVO Transportation & Energy Services, Inc., as Guarantor, and Commerce Bank of Arizona, Inc.

EX-4.3 4 evoa-ex4341.htm MODIFICATION AGREEMENT DATED DECEMBER 22, 2020 Exhibit 4.3 MODIFICATION AGREEMENT (Main Street Priority Loan) This Modification Agreement (this “Agreement”) is made as of December 22, 2020, by and between EVO HOLDING COMPANY, LLC, a Delaware limited liability company, RITTER TRANSPORT, INC., a Maryland corporation, JOHN W. RITTER TRUCKING, INC., a Maryland corporation, JOH

February 9, 2021 SC 13D/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 5)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (T

SC 13D/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 5)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securities) 26928L 107 (CUSIP Number) Lance Kravitz Antara Capital LP 500 Fifth Avenue, Suite 2320 New York, New York 10110

February 9, 2021 EX-99.1

AMENDED AND RESTATED WARRANT

Exhibit 1 AMENDED AND RESTATED WARRANT THIS AMENDED AND RESTATED WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEM

February 9, 2021 EX-99.2

AMENDED AND RESTATED WARRANT

EX-2 Exhibit 2 AMENDED AND RESTATED WARRANT THIS AMENDED AND RESTATED WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION S

January 25, 2021 EX-99.5

EVO TRANSPORTATION & ENERGY SERVICES, INC. WARRANT EXCHANGE AGREEMENT INCLUDING INVESTMENT REPRESENTATIONS

EX-99.5 3 d113719dex995.htm EX-99.5 Exhibit 5 EVO TRANSPORTATION & ENERGY SERVICES, INC. WARRANT EXCHANGE AGREEMENT INCLUDING INVESTMENT REPRESENTATIONS THIS WARRANT EXCHANGE AGREEMENT (this “Agreement”), dated and made effective as of December 31, 2020, is entered into by and between the undersigned, Corbin ERISA Opportunity Fund Ltd. (the “Investor”), and EVO Transportation & Energy Services, In

January 25, 2021 EX-99.9

[SIGNATURE PAGE FOLLOWS] [Remainder of page intentionally left blank]

EX-99.9 Exhibit 9 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECT

January 25, 2021 SC 13D/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 4)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (T

SC 13D/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 4)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securities) 26928L 107 (CUSIP Number) Lance Kravitz Antara Capital LP 500 Fifth Avenue, Suite 2320 New York, New York 10110

January 25, 2021 EX-99.4

EVO TRANSPORTATION & ENERGY SERVICES, INC. WARRANT EXCHANGE AGREEMENT INCLUDING INVESTMENT REPRESENTATIONS

EX-99.4 Exhibit 4 EVO TRANSPORTATION & ENERGY SERVICES, INC. WARRANT EXCHANGE AGREEMENT INCLUDING INVESTMENT REPRESENTATIONS THIS WARRANT EXCHANGE AGREEMENT (this “Agreement”), dated and made effective as of December 31, 2020, is entered into by and between the undersigned, Antara Capital Master Fund LP (the “Investor”), and EVO Transportation & Energy Services, Inc., a Delaware corporation (the “

January 25, 2021 EX-99.7

[SIGNATURE PAGE FOLLOWS] [Remainder of page intentionally left blank]

EX-99.7 Exhibit 7 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECT

January 25, 2021 EX-99.8

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EX-99.8 6 d113719dex998.htm EX-99.8 Exhibit 8 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT CO

January 25, 2021 EX-99.10

[SIGNATURE PAGE FOLLOWS] [Remainder of page intentionally left blank]

EX-99.10 Exhibit 10 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFE

January 25, 2021 EX-99.6

[SIGNATURE PAGE FOLLOWS] [Remainder of page intentionally left blank]

EX-99.6 Exhibit 6 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECT

November 17, 2020 NT 10-Q

- NT 10-Q

NT 10-Q 1 evoa-nt10q20200930.htm NT 10-Q UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: September 30, 2020 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 2

October 26, 2020 EX-10.1

Transition Services Agreement dated October 20, 2020 between EVO Transportation & Energy Services, Inc. and each subsidiary of EVO Transportation & Energy Services, Inc.

EX-10.1 3 evoa-ex1016.htm TRANSITION SERVICES AGREEMENT DATED OCTOBER 20, 2020 Exhibit 10.1 TRANSITION SERVICES AGREEMENT (EVO Operating Units) This TRANSITION SERVICES AGREEMENT (this “Agreement”) is entered into as of October 20, 2020 by and among by and among EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation (“Company”) and all subsidiaries of the Company (each a “Subsidiary” a

October 26, 2020 EX-4.1

Second Amendment to Forbearance Agreement and Omnibus Amendment to Loan Documents dated October 20, 2020 between EVO Transportation & Energy Services, Inc., each subsidiary of EVO Transportation & Energy Services, Inc., various lenders from time to time party thereto, and Cortland Capital Market Services LLC, as administrative agent and collateral agent.

Exhibit 4.1 SECOND AMENDMENT TO FORBEARANCE AGREEMENT AND OMNIBUS AMENDMENT TO LOAN DOCUMENT This SECOND AMENDMENT TO FORBEARANCE AGREEMENT AND OMNIBUS AMENDMENT TO LOAN DOCUMENTS (together with each exhibit, schedule and/or attachment hereto, this “Agreement”) dated as of October 20, 2020, is entered into by and among EVO TRANSPORTATION & ENERGY SERVICES, INC., a Delaware corporation (as a “Borro

October 26, 2020 8-K

- 8-K RE FORBEARANCE AMENDMENT

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 20, 2020 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorp

October 16, 2020 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers - 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 9, 2020 EVO Transportation & Energy Services, Inc. (Exact name of Registrant as Specified in Its Charter) Delaware 000-54218 37-1615850 (State or Other Jurisdiction of Incorpo

September 14, 2020 RW

- RW

EVO Transportation & Energy Services, Inc. 2075 West Pinnacle Peak Rd. Suite 130 Phoenix, AZ 85027 877-973-9191 September 11, 2020 Securities and Exchange Commission Division of Corporate Finance 100 F Street N.W. Washington, D.C. 20549 Re: EVO Transportation & Energy Services, Inc. – Registration Statement on Form S-1, Registration File No. 333-229602 Ladies and Gentlemen: Pursuant to Rule 477 pr

August 19, 2020 NT 10-Q

- NT 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: June 30, 2020 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-F ☐ Transition Report on Form 11-K ☐ Transit

June 3, 2020 NT 10-Q

- NT 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check One) ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: March 31, 2020 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-F ☐ Transition Report on Form 11-K ☐ Transi

May 7, 2020 10-Q

Quarterly Report - QUARTERLY REPORT

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2019 ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 000-54218 EVO Transporta

April 30, 2020 EX-10.2

Amended and Restated Executive Employment Agreement dated April 10, 2020 between EVO Transportation & Energy Services, Inc. and Thomas J. Abood

Exhibit 10.2 AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT This Amended and Restated Executive Employment Agreement (the “Agreement”) is entered into and as of April 10, 2020 by and between EVO Transportation & Energy Services, Inc., a Delaware corporation with its principal place of business at 2075 West Pinnacle Peak Road, Suite 130, Phoenix, AZ 85027 (the “Company”) and Thomas J. Abood, a

April 30, 2020 EX-10.1

Note dated April 15, 2020 issued by EVO Transportation & Energy Services, Inc. to BOKF, N.A. (dba Bank of Oklahoma)

EX-10.1 2 ea121198ex10-1evotransport.htm NOTE DATED APRIL 15, 2020 ISSUED BY EVO TRANSPORTATION & ENERGY SERVICES, INC. TO BOKF, N.A. (DBA BANK OF OKLAHOMA) Exhibit 10.1 U.S. Small Business Administration Note SBA Loan# 55036871-02 BOKF Loan# 3605027 SBA Loan Name SBPP – SBA Paycheck Protection Program Date April 15, 2020 Loan Amount $10,000,000.00 Interest Rate 1.00% Maturity Date April 15, 2022

April 30, 2020 8-K

Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant, Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

8-K 1 ea121198-8kevotransport.htm CURRENT REPORT UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 15, 2020 EVO Transportation & Energy Services, Inc. (Exact name of registrant as specified in its charter) Delaware 000-54218 37

April 7, 2020 8-K

Entry into a Material Definitive Agreement, Financial Statements and Exhibits

8-K 1 ea120464-8kevotrans.htm FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 31, 2020 EVO Transportation & Energy Services, Inc. (Exact name of registrant as specified in its charter) Delaware 000-54218 37-1615850 (

April 7, 2020 EX-10.1

Waiver and Agreement to Issue Warrant, dated March 31, 2020, between EVO Transportation & Energy Services, Inc. and Antara Capital Master Fund LP

Exhibit 10.1 WAIVER AND AGREEMENT FOR ISSUANCE OF WARRANT This Waiver and Agreement for Issuance of Warrant ("Waiver Agreement") dated as of 31st day of March, 2020 is entered into by and among Antara Capital Master Fund LP ("Lender") as Required Lenders under the Existing Financing Agreement and as a Second Incremental Term Lender (in each case as defined in the Second Incremental Amendment) and

April 2, 2020 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 8, 2020 EVO Transportation & Energy Services, Inc. (Exact name of registrant as specified in its charter) Delaware 000-54218 37-1615850 (State or other jurisdiction of incorpora

March 31, 2020 NT 10-K

EVOA / EVO Transportation & Energy Services, Inc. NT 10-K - - NOTIFICATION OF LATE FILING

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER 000-54218 NOTIFICATION OF LATE FILING CUSIP NUMBER 26928L 107 (Check one): ☒ Form 10-K ☐ Form 20-F ☐ Form 11-K ☐ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: December 31, 2019 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-F ☐ Transition Report on Form 11-K ☐ Tr

March 30, 2020 EX-3.1

Certificate of Designation of Rights and Preferences of Series B Preferred Stock of EVO Transportation & Energy Services, Inc.

Exhibit 3.1 CERTIFICATE OF DESIGNATION OF RIGHTS AND PREFERENCES OF SERIES B PREFERRED STOCK OF EVO TRANSPORTATION & ENERGY SERVICES, INC. EVO Transportation & Energy Services, Inc., a Delaware corporation (the “Corporation”), does hereby certify that, in accordance with its Certificate of Incorporation, it has created a series of preferred stock of this Corporation to be known as Series B Preferr

March 30, 2020 EX-10.3

Subscription Agreement, dated March 24, 2020, between EVO Transportation & Energy Services, Inc. and Danny Cuzick

Exhibit 10.3 CONFIDENTIAL EVO Transportation & Energy Services, Inc. SUBSCRIPTION DOCUMENTS AND INSTRUCTIONS INSTRUCTIONS The following documents must be completed in accordance with the instructions set forth below and must be executed in order to determine whether you are an accredited investor and, if accredited, in order to subscribe for the purchase of shares of Series B Preferred Stock (the

March 30, 2020 EX-4.1

Amendment to Forbearance Agreement and Second Incremental Amendment to Financing Agreement, dated March 24, 2020, among EVO Transportation & Energy Services, Inc., each subsidiary of EVO Transportation & Energy Services, Inc., various lenders from time to time party thereto, and Cortland Capital Market Services LLC, as administrative agent and collateral agent

Exhibit 4.1 EXECUTION VERSION AMENDMENT TO FORBEARANCE AGREEMENT AND SECOND INCREMENTAL AMENDMENT TO FINANCING AGREEMENT This AMENDMENT TO FORBEARANCE AGREEMENT AND SECOND INCREMENTAL AMENDMENT TO FINANCING AGREEMENT (together with each exhibit, schedule and/or attachment hereto, this “Agreement”) dated as of March 24, 2020, is entered into by and among EVO TRANSPORTATION & ENERGY SERVICES, INC.,

March 30, 2020 EX-10.2

Redemption Agreement, dated March 24, 2020, between EVO Transportation & Energy Services, Inc. and R. Scott Wheeler

EX-10.2 5 ea120187ex10-2evotransport.htm REDEMPTION AGREEMENT, DATED MARCH 24, 2020, BETWEEN EVO TRANSPORTATION & ENERGY SERVICES, INC. AND R. SCOTT WHEELER Exhibit 10.2 STOCK REDEMPTION AGREEMENT This Stock Redemption Agreement (the “Agreement”) is made effective as of March 24, 2020 (the “Effective Date”), by and between R. Scott Wheeler “Stockholder”) and EVO Transportation & Energy Services, I

March 30, 2020 EX-10.4

Waiver and Warrant Agreement, dated March 26, 2020, between EVO Transportation & Energy Services, Inc. and Danny Cuzick

Exhibit 10.4 WAIVER AND WARRANT AGREEMENT This Waiver and Warrant Agreement (“Waiver Agreement”) is entered this 26th day of March 2020 and is between Danny Cuzick, an individual residing in [city], Arizona (“Shareholder”) and EVO Transportation & Energy Services, lnc. (the “Company”). WHEREAS, Shareholder has multiple investments in the Company including common stock, notes and preferred stock; W

March 30, 2020 8-K

Entry into a Material Definitive Agreement, Material Modification to Rights of Security Holders, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant, Unregistered Sales of Equity Securities, Financial Statements and Exhibits

8-K 1 ea120187-8kevotransport.htm CURRENT REPORT UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 24, 2020 EVO Transportation & Energy Services, Inc. (Exact name of registrant as specified in its charter) Delaware 000-54218 37

March 30, 2020 EX-10.1

Redemption Agreement, dated March 24, 2020, between EVO Transportation & Energy Services, Inc. and Danny Cuzick

Exhibit 10.1 STOCK REDEMPTION AGREEMENT This Stock Redemption Agreement (the “Agreement”) is made effective as of March 24, 2020 (the “Effective Date”), by and between Danny Cuzick “Stockholder”) and EVO Transportation & Energy Services, Inc., a Delaware corporation (the “Company”). RECITALS WHEREAS, Stockholder is the owner of 1,200,000 shares of common stock of the Company (the “Redemption Share

March 26, 2020 SC 13D/A

EVOA / EVO Transportation & Energy Services, Inc. / Antara Capital Lp - SC 13D/A Activist Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 3)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securities) 26928L 107 (CUSIP Number) Lance Kravitz Antara Capital LP 500 Fifth Avenue, Suite 2320 New York, New York 10110 (646) 762

March 26, 2020 EX-99.1

AMENDMENT TO FORBEARANCE AGREEMENT AND SECOND INCREMENTAL AMENDMENT TO FINANCING AGREEMENT

Exhibit 1 EXECUTION VERSION AMENDMENT TO FORBEARANCE AGREEMENT AND SECOND INCREMENTAL AMENDMENT TO FINANCING AGREEMENT This AMENDMENT TO FORBEARANCE AGREEMENT AND SECOND INCREMENTAL AMENDMENT TO FINANCING AGREEMENT (together with each exhibit, schedule and/or attachment hereto, this “Agreement”) dated as of March 24, 2020, is entered into by and among EVO TRANSPORTATION & ENERGY SERVICES, INC.

March 4, 2020 EX-10.2

Form of Subscription Agreement, dated February 27, 2020

Exhibit 10.2 CONFIDENTIAL EVO Transportation & Energy Services, Inc. SUBSCRIPTION DOCUMENTS AND INSTRUCTIONS INSTRUCTIONS The following documents must be completed in accordance with the instructions set forth below and must be executed in order to determine whether you are an accredited investor and, if accredited, in order to subscribe for the purchase of the shares of common stock (the “Shares”

March 4, 2020 8-K

Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant, Unregistered Sales of Equity Securities, Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 27, 2020 EVO Transportation & Energy Services, Inc. (Exact name of registrant as specified in its charter) Delaware 000-54218 37-1615850 (State or other jurisdiction of incor

March 4, 2020 EX-4.1

Forbearance Agreement and Incremental Amendment to Financing Agreement, dated February 27, 2020, among EVO Transportation & Energy Services, Inc., each subsidiary of EVO Transportation & Energy Services, Inc., various lenders from time to time party thereto, and Cortland Capital Market Services LLC, as administrative agent and collateral agent

EX-4.1 2 ea119289ex4-1evotransport.htm FORBEARANCE AGREEMENT AND INCREMENTAL AMENDMENT TO FINANCING AGREEMENT, DATED FEBRUARY 27, 2020, AMONG EVO TRANSPORTATION & ENERGY SERVICES, INC., EACH SUBSIDIARY OF EVO TRANSPORTATION & ENERGY SERVICES, INC., Exhibit 4.1 EXECUTION VERSION FORBEARANCE AGREEMENT AND INCREMENTAL AMENDMENT TO FINANCING AGREEMENT This FORBEARANCE AGREEMENT AND INCREMENTAL AMENDME

March 4, 2020 EX-10.1

Warrant, dated February 27, 2020, between EVO Transportation & Energy Services, Inc. and Antara Capital Master Fund LP

EX-10.1 3 ea119289ex10-1evotransport.htm WARRANT, DATED FEBRUARY 27, 2020, BETWEEN EVO TRANSPORTATION & ENERGY SERVICES, INC. AND ANTARA CAPITAL MASTER FUND LP Exhibit 10.1 WARRANT THIS WARRANT (THIS “WARRANT”) AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITI

March 2, 2020 SC 13D/A

EVOA / EVO Transportation & Energy Services, Inc. / Antara Capital Lp - SC 13D/A Activist Investment

SC 13D/A 1 d826405dsc13da.htm SC 13D/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 2)* EVO Transportation & Energy Services, Inc. (Name of Issuer) Common Stock, par value $0.0001 per share (Title of Class of Securities) 26928L 107 (CUSIP Number) Lance Kravitz Antara Capital LP 500 Fifth Avenue, Suite

March 2, 2020 EX-99.1

FORBEARANCE AGREEMENT INCREMENTAL AMENDMENT TO FINANCING AGREEMENT

EX-1 Exhibit 1 EXECUTION VERSION FORBEARANCE AGREEMENT AND INCREMENTAL AMENDMENT TO FINANCING AGREEMENT This FORBEARANCE AGREEMENT AND INCREMENTAL AMENDMENT TO FINANCING AGREEMENT (together with each exhibit, schedule and/or attachment hereto, this “Agreement”) dated as of February 27, 2020, is entered into by and among EVO TRANSPORTATION & ENERGY SERVICES, INC.

March 2, 2020 EX-99.2

[SIGNATURE PAGE FOLLOWS]

EX-2 Exhibit 2 WARRANT THIS WARRANT (THIS “WARRANT”) AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SH

February 3, 2020 8-K/A

Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A Amendment No. 2 to CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 30, 2019 EVO Transportation & Energy Services, Inc. (Exact name of registrant as specified in its charter) Delaware 000-54218 37-1615850 (State or other ju

February 3, 2020 EX-10.10

Warrant, dated September 16, 2019, between EVO Transportation & Energy Services, Inc. and Antara Capital Master Fund LP

Exhibit 10.10 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE

February 3, 2020 EX-10.13

Warrant, dated September 16, 2019, between EVO Transportation & Energy Services, Inc. and Corbin ERISA Opportunity Fund Ltd.

Exhibit 10.13 WARRANT THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR QUALIFIED UNDER ANY STATE OR FOREIGN SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED OR ASSIGNED UNLESS (I) A REGISTRATION STATEMENT COVERING SUCH SHARES IS EFFECTIVE

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