Sec Form 4/A Filing - Antara Capital LP @ EVO Transportation & Energy Services, Inc. - 2020-12-31

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FORM 4/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)
_____ Director X __ 10% Owner
_____ Officer (give title below) _____ Other (specify below)
(Last) (First) (Middle)
55 HUDSON YARDS, 47TH FLOOR, SUITE C
3. Date of Earliest Transaction (MM/DD/YY)
12/31/2020
(Street)
NEW YORK, NY10001
4. If Amendment, Date Original Filed (MM/DD/YY)
01/25/2021
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
Common Stock 01/03/2021 J 1,066,732 A 1,066,732( 2 ) I See Footnotes( 3 )( 4 )( 7 )
Common Stock 01/03/2021 J 71,773 A 1,138,505( 2 ) I See Footnotes( 3 )( 4 )( 7 )
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 $ 0.01 12/31/2020 J 908,012 01/01/2021 12/31/2030 Common Stock 908,012 ( 5 ) 9,814,564( 6 ) I See Footnotes( 3 )( 4 )( 7 )
Warrants to Purchase Common Stock $ 0.01 12/31/2020 J 61,094 01/01/2021 12/31/2030 Common Stock 61,094 ( 5 ) 9,875,658( 6 ) I See Footnotes( 3 )( 4 )( 7 )
Reporting Owners
Reporting Owner Name / Address Relationships
Director 10% Owner Officer Other
Antara Capital LP
55 HUDSON YARDS, 47TH FLOOR, SUITE C
NEW YORK, NY10001
X
Antara Capital GP LLC
55 HUDSON YARDS, 47TH FLOOR, SUITE C
NEW YORK, NY10001
X
Gulati Himanshu
55 HUDSON YARDS, 47TH FLOOR, SUITE C
NEW YORK, NY10001
X
Signatures
ANTARA CAPITAL LP, By: Antara Capital GP LLC, its general partner, By: /s/ Himanshu Gulati, Name: Himanshu Gulati, Title: Managing Member 02/17/2022
Signature of Reporting Person Date
ANTARA CAPITAL GP LLC, By: /s/ Himanshu Gulati, Name: Himanshu Gulati, Title: Managing Member 02/17/2022
Signature of Reporting Person Date
By: /s/ Himanshu Gulati, Himanshu Gulati, an individual 02/17/2022
Signature of Reporting Person Date
Explanation of Responses:
( 1 )These shares of Common Stock of EVO Transportation & Energy Services, Inc. ("EVO") were issued pursuant to the terms of the Second Amendment to Forbearance Agreement and Omnibus Amendment to Loan Documents, dated as of October 20, 2020 (the "Omnibus Amendment"), by and among EVO, each subsidiary of EVO, various lenders under the loan documents and Cortland Capital Market Services LLC, as administrative agent and collateral agent in settlement of defaults under loan documents.
( 2 )The total number of shares of Common Stock beneficially owned by the Reporting Persons (defined below) after the transactions described in this Form 4 consists of (i) 1,066,732 shares held directly by Antara Master Fund (as defined below) and (ii) 71,773 shares held by a managed account for which Antara Capital (defined below) serves as investment manager (the "Managed Fund"). The Reporting Persons disclaim beneficial ownership of warrants held by the Managed Fund except to the extent of the Reporting Persons' pecuniary interest therein.
( 3 )This Form 4 is being filed on behalf of (i) Antara Capital LP, a Delaware limited partnership ("Antara Capital"), (ii) Antara Capital GP LLC, a Delaware limited liability company ("Antara GP"), and (iii) Himanshu Gulati (collectively, the "Reporting Persons") related to the shares and warrants held by Antara Capital Master Fund LP, a Cayman Islands exempted limited partnership ("Antara Master Fund") and the Managed Fund. Antara Capital serves as the investment manager of Antara Master Fund and as an investment manager of the Managed Fund. Antara GP is the general partner of Antara Capital. Himanshu Gulati is the sole member of Antara GP and the entity that serves as the general partner of the Master Fund.
( 4 )(continued from footnote 1) Each of Antara Capital, Antara GP and Himanshu Gulati may be deemed to indirectly beneficially own the 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.
( 5 )The warrants were issued pursuant to the terms of the Omnibus Amendment in settlement of defaults under loan documents.
( 6 )The total number of derivative securities beneficially owned by the Reporting Persons after the transactions described in this Form 4 consists of (i) 9,466,655 warrants held directly by Antara Master Fund and (ii) 409,003 warrants held by the Managed Fund. The Reporting Persons disclaim beneficial ownership of warrants held by the Managed Fund except to the extent of the Reporting Persons' pecuniary interest therein.
( 7 )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.

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