0000899243-21-005489.txt : 20210209 0000899243-21-005489.hdr.sgml : 20210209 20210209173226 ACCESSION NUMBER: 0000899243-21-005489 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20210131 FILED AS OF DATE: 20210209 DATE AS OF CHANGE: 20210209 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Antara Capital LP CENTRAL INDEX KEY: 0001750183 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-54218 FILM NUMBER: 21608042 BUSINESS ADDRESS: STREET 1: 500 FIFTH AVENUE, SUITE 2320 CITY: NEW YORK STATE: NY ZIP: 10110 BUSINESS PHONE: 646-762-8580 MAIL ADDRESS: STREET 1: 500 FIFTH AVENUE, SUITE 2320 CITY: NEW YORK STATE: NY ZIP: 10110 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Antara Capital Master Fund LP CENTRAL INDEX KEY: 0001789567 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-54218 FILM NUMBER: 21608043 BUSINESS ADDRESS: STREET 1: 500 FIFTH AVENUE STREET 2: SUITE 2320 CITY: NEW YORK STATE: NY ZIP: 10110 BUSINESS PHONE: 646-762-8580 MAIL ADDRESS: STREET 1: 500 FIFTH AVENUE STREET 2: SUITE 2320 CITY: NEW YORK STATE: NY ZIP: 10110 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Antara Capital GP LLC CENTRAL INDEX KEY: 0001789582 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-54218 FILM NUMBER: 21608044 BUSINESS ADDRESS: STREET 1: 500 FIFTH AVENUE STREET 2: SUITE 2320 CITY: NEW YORK STATE: NY ZIP: 10110 BUSINESS PHONE: 646-762-8580 MAIL ADDRESS: STREET 1: 500 FIFTH AVENUE STREET 2: SUITE 2320 CITY: NEW YORK STATE: NY ZIP: 10110 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Antara Capital Fund GP LLC CENTRAL INDEX KEY: 0001789581 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-54218 FILM NUMBER: 21608045 BUSINESS ADDRESS: STREET 1: 500 FIFTH AVENUE STREET 2: SUITE 2320 CITY: NEW YORK STATE: NY ZIP: 10110 BUSINESS PHONE: 646-762-8580 MAIL ADDRESS: STREET 1: 500 FIFTH AVENUE STREET 2: SUITE 2320 CITY: NEW YORK STATE: NY ZIP: 10110 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Gulati Himanshu CENTRAL INDEX KEY: 0001789562 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-54218 FILM NUMBER: 21608046 MAIL ADDRESS: STREET 1: 500 FIFTH AVENUE STREET 2: SUITE 2320 CITY: NEW YORK STATE: NY ZIP: 10110 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: EVO Transportation & Energy Services, Inc. CENTRAL INDEX KEY: 0000728447 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-AUTO DEALERS & GASOLINE STATIONS [5500] IRS NUMBER: 371615850 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 2075 WEST PINNACLE PEAK RD. SUITE 130 CITY: PHOENIX STATE: AZ ZIP: 85027 BUSINESS PHONE: 877-973-9191 MAIL ADDRESS: STREET 1: 2075 WEST PINNACLE PEAK RD. SUITE 130 CITY: PHOENIX STATE: AZ ZIP: 85027 FORMER COMPANY: FORMER CONFORMED NAME: MINN SHARES INC DATE OF NAME CHANGE: 19830922 4 1 doc4.xml FORM 4 SUBMISSION X0306 4 2021-01-31 0 0000728447 EVO Transportation & Energy Services, Inc. EVOA 0001750183 Antara Capital LP 500 FIFTH AVENUE, SUITE 2320 NEW YORK NY 10110 0 0 1 0 0001789567 Antara Capital Master Fund LP 500 FIFTH AVENUE, SUITE 2320 NEW YORK NY 10110 0 0 1 0 0001789582 Antara Capital GP LLC 500 FIFTH AVENUE, SUITE 2320 NEW YORK NY 10110 0 0 1 0 0001789581 Antara Capital Fund GP LLC 500 FIFTH AVENUE, SUITE 2320 NEW YORK NY 10110 0 0 1 0 0001789562 Gulati Himanshu 500 FIFTH AVENUE, SUITE 2320 NEW YORK NY 10110 0 0 1 0 Warrants to Purchase Common Stock 0.01 2021-01-31 4 P 0 1381167 A 2021-01-31 2024-09-16 Common Stock 1381167 10287720 I See Footnotes Warrants to Purchase Common Stock 0.01 2021-01-31 4 P 0 118833 A 2021-01-31 2024-09-16 Common Stock 118833 10406553 I See Footnotes This Form 4 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. (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. The warrants are held directly by Antara Master Fund. The warrants are held by a managed account for which Antara Capital serves as investment manager (the "Managed Fund"). The total number of derivative securities beneficially owned by the Reporting Persons after the transactions described in this Form 4 consists of (i) 9,939,810 warrants held directly by Antara Master Fund and (ii) 466,743 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. On January 31, 2021, EVO Transportation & Energy Services, Inc. ("EVO"), Antara Master Fund and the Managed Fund amended and restated the warrants described in this Form 4 to provide that such warrants were exercisable as of January 31, 2021. Prior to such amendment and restatement, the warrants were subject to reduction and cancelation if EVO achieved certain performance metrics prior to September 30, 2021 (and were only exercisable thereafter). 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. 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 Member 2021-02-09 ANTARA CAPITAL LP, By: Antara Capital GP LLC, its general partner, By: /s/ Himanshu Gulati, Name: Himanshu Gulati, Title: Managing Member 2021-02-09 ANTARA CAPITAL GP LLC, By: /s/ Himanshu Gulati, Name: Himanshu Gulati, Title: Managing Member 2021-02-09 ANTARA CAPITAL FUND GP LLC, By: /s/ Himanshu Gulati, Name: Himanshu Gulati, Title: Managing Member 2021-02-09 /s/ Himanshu Gulati 2021-02-09