Sec Form 3/A Filing - Antara Capital LP @ EVO Transportation & Energy Services, Inc. - 2019-10-17

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FORM 3/A
Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP
Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940
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1. Name and Address of Reporting Person
Antara Capital LP
2. Issuer Name and Ticker or Trading Symbol
EVO Transportation & Energy Services, Inc. [ EVOA]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
X __ Director X __ 10% Owner
_____ Officer (give title below) X __ Other (specify below)
See Footnote(1,2)
(Last) (First) (Middle)
500 FIFTH AVENUE, SUITE 2320
3. Date of Earliest Transaction (MM/DD/YY)
10/17/2019
(Street)
NEW YORK, NY10110
4. If Amendment, Date Original Filed (MM/DD/YY)
09/27/2019
6. Individual or Joint/Group Filing (Check Applicable Line)
_____ Form filed by One Reporting Person
__ X __ Form filed by More than One Reporting Person
(City) (State) (Zip)
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1.Title of Security
(Instr. 3)
2. Transaction Date (MM/DD/YY) 2A. Deemed Execution Date, if any (MM/DD/YY) 3. Transaction Code
(Instr. 8)
4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5)
5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4)
6. Ownership Form: Direct (D) or Indirect (I)
(Instr. 4)
7. Nature of Indirect Beneficial Ownership
(Instr. 4)
Code V Amount (A) or (D) Price
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
( e.g. , puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security
(Instr. 3)
2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (MM/DD/YY) 3A. Deemed Execution Date, if any (MM/DD/YY) 4. Transaction Code
(Instr. 8)
5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4, and 5)
6. Date Exercisable and Expiration Date
(MM/DD/YY)
7. Title and Amount of Underlying Securities
(Instr. 3 and 4)
8. Price of Derivative Security
(Instr. 5)
9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 4)
10. Ownership Form of Derivative Security: Direct (D) or Indirect (I)
(Instr. 4)
11. Nature of Indirect Beneficial Ownership
(Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
Warrants to Purchase Common Stock $ 2.5 09/16/2019 09/16/2029 Common Stock 943,797 ( 6 ) I See footnotes ( 1 ) ( 2 ) ( 3 ) ( 5 )
Warrants to Purchase Common Stock $ 2.5 09/16/2019 09/16/2029 Common Stock 81,203 ( 6 ) I See footnotes ( 1 ) ( 2 ) ( 4 ) ( 5 )
Reporting Owners
Reporting Owner Name / Address Relationships
Director 10% Owner Officer Other
Antara Capital LP
500 FIFTH AVENUE, SUITE 2320
NEW YORK, NY10110
X X See Footnote(1,2)
Antara Capital Master Fund LP
500 FIFTH AVENUE, SUITE 2320
NEW YORK, NY10110
X X See Footnote(1,2)
Antara Capital GP LLC
500 FIFTH AVENUE, SUITE 2320
NEW YORK, NY10110
X X See Footnote(1,2)
Antara Capital Fund GP LLC
500 FIFTH AVENUE, SUITE 2320
NEW YORK, NY10110
X X See Footnote(1,2)
Gulati Himanshu
500 FIFTH AVENUE, SUITE 2320
NEW YORK, NY10110
X X See Footnote(1,2)
Signatures
ANTARA CAPITAL MASTER FUND LP, By: Antara Capital LP, not in its individual corporate capacity, but solely as Investment Advisor and agent, By: Antara Capital GP LLC, its general partner By: /s/ Himanshu Gulati, Name: Himanshu Gulati, Title: Managing Memb 10/18/2019
Signature of Reporting Person Date
ANTARA CAPITAL LP, By: Antara Capital GP LLC, its general partner, By: /s/ Himanshu Gulati, Name: Himanshu Gulati, Title: Managing Member 10/18/2019
Signature of Reporting Person Date
ANTARA CAPITAL GP LLC, By: /s/ Himanshu Gulati, Name: Himanshu Gulati, Title: Managing Member 10/18/2019
Signature of Reporting Person Date
ANTARA CAPITAL FUND GP LLC, By: /s/ Himanshu Gulati, Name: Himanshu Gulati, Title: Managing Member 10/18/2019
Signature of Reporting Person Date
By: /s/ Himanshu Gulati, Himanshu Gulati, an individual 10/18/2019
Signature of Reporting Person Date
Explanation of Responses:
( 1 )This Amended Form 3 is being filed on behalf of (i)Antara Capital Master Fund LP, a Cayman Islands exempted limited partnership ("Antara Master Fund"), (ii) Antara Capital LP, a Delaware limited partnership ("Antara Capital"), (iii) Antara Capital GP LLC, a Delaware limited liability company ("Antara GP"), (iv) Antara Capital Fund GP LLC, a Delaware limited liability company ("Antara Fund GP") and (v) Himanshu Gulati (collectively, the "Reporting Persons"). Antara Capital serves as the investment manager of Antara Master Fund. Antara Fund GP is the general partner of Antara Master Fund and Antara GP is the general partner of Antara Capital. Himanshu Gulati is the sole member of Antara Fund GP and Antara GP.
( 2 )[continued from footnote 1] Each of Antara Capital, Antara GP, Antara Fund GP and Himanshu Gulati may be deemed to indirectly beneficially own Common Stock held directly by the Antara Master Fund and each disclaims beneficial ownership of all such Common Stock except to the extent of any indirect pecuniary interest therein.
( 3 )The warrants are held directly by Antara Master Fund.
( 4 )The warrants are held by a managed account for which Antara Capital serves as investment manager (the "Managed Fund"). The Reporting Persons disclaim beneficial ownership of these warrants except to the extent of the Reporting Persons' pecuniary interest therein.
( 5 )This report shall not be deemed an admission that the Reporting Persons, or any other person is the beneficial owner of the securities reported herein for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or for any other purpose.
( 6 )This Amended Form 3 is being filed to correct the original Form 3 filed on September 27, 2019 (the "Original Form 3"). Due to a computational error, EVO erroneously granted to (i) Antara Master Fund a Warrant to purchase 819,492 shares of Common Stock, and (ii) the Managed Fund a Warrant to purchase 70,508 shares of Common Stock, each of which were reported in the Original Form 3. The applicable parties subsequently entered into amended and restated warrants on October 17, 2019 to remedy the erroneous grant. This Amended Form 3 reports the number of shares of Common Stock issuable upon exercise of the amended and restated warrants.

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