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 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. ☐
Explanatory Note
This Amendment to the Current Report on Form 8-K filed by EVO Transportation & Energy Services, Inc. (the “Company”) on October 12, 2022 is being filed to include a letter the Company received from Scott M. Honour on October 17, 2022 as Exhibit 17.1.
The Company disagrees with the assertion in Mr. Honour’s letter that the Company assumed the loan referenced therein as the Company’s own obligation. The Company has not been provided with, nor found in its own records, any documentation indicating that the Company assumed the loan referenced in Mr. Honour’s letter or that the Company is otherwise obligated to make any payments with respect to that loan.
Item 9.01 Financial Statements and Exhibits.
Exhibit No. |
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Description |
17.1 |
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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 19, 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 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 my resignation. The Company failed to properly describe the reasons for my
resignation in its filing.
While it is true that my resignation related to a loan agreement of which I am a co-guarantor, the
Company failed to mention that the loan in question is a U.S. Small Business Administration
Loan that the Company had assumed as its own obligation through agreements in which the
guarantors, including myself, gave back stock to EVO in 2018. The Company’s willful decision
to default on a U.S. Government guaranteed obligation has broad implications for the Company
(which is itself a U.S. Government contractor) which I believe to be an improper direction and
could not support as a Director of EVO.
I wish the best for the Company and it’s customers, employees and vendors. For the benefit of all
stakeholders, I hope the Company changes the course of its direction and decides it is in the
Company’s best interest to honor its U.S. Government and all other obligations.
Very truly yours,
/s/ Scott M. Honour
Scott M. Honour