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 Incorporation) |
(Commission File Number) |
(IRS Employer Identification No.) |
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2075 West Pinnacle Peak Rd. Suite 130, Phoenix, AZ |
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85027 |
(Address of Principal Executive Offices) |
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(Zip Code) |
Registrant’s Telephone Number, Including Area Code: 877-973-9191
Not Applicable
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Securities registered pursuant to Section 12(b) of the Act: None
Title of each class |
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Trading Symbol(s) |
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Name of each exchange on which registered |
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Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§ 230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§ 240.12b-2 of this chapter).
Emerging growth company ☒
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory
Arrangements of Certain Officers.
On October 5, 2022, Scott Honour resigned from his position as a member of EVO Transportation & Energy Services, Inc.'s (the "Company") Board of Directors (the "Board") and of the Audit Committee of the Board, effective immediately. Mr. Honour effected his resignation from the Board pursuant to the letter attached hereto as Exhibit 17.1. The Company believes that Mr. Honour's resignation was the result of a disagreement with the Company regarding the obligors of that certain Loan Agreement, dated as of December 31, 2014, by and between Titan El Toro, LLC and FirstCNG LLC and Tradition Capital Bank, of which Mr. Honour is a co-guarantor.
Item 9.01 Financial Statements and Exhibits.
Exhibit No. |
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Description |
17.1 |
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Resignation Letter dated October 5, 2022 from Scott M. Honour |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
Dated: October 12, 2022 |
By: |
/s/ Patrick Seul |
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Its: |
Executive Vice President, General Counsel and Secretary |
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 Company or any subsidiaries of the Company, (ii) any committees of the Company or any subsidiaries of the Company, and/or (iv) any other positions similar to the foregoing of the Company or any subsidiaries of the Company effective immediately on this day, October 5, 2022. Please remit accrued board compensation, expenses, or other amounts owed to me at the Company’s earliest convenience.
Very truly yours,
/s/ Scott M. Honour
Scott M. Honour