Item 1.01 Entry into a Material Definitive Agreement.
Loan Extension Agreements
On July 15, 2022, EVO Transportation & Energy Services, Inc. (the "Company") and
certain subsidiary guarantors of the Company entered into a Fourth Loan
Extension Agreement (the "Fourth Extension Agreement") with Antara Capital
Master Fund LP ("Antara") and each of Thomas J. Abood, the Company's chief
executive officer, Damon R. Cuzick, the Company's chief operating officer,
Bridgewest Growth Fund LLC, an entity affiliated with Billy (Trey) Peck Jr., the
Company's executive vice president - business development, and Batuta Capital
Advisors LLC ("Batuta" and together with Mr. Abood, Mr. Cuzick, and Bridgewest
Growth Fund LLC, the "Executive Lenders"), an entity affiliated with Alexandre
Zyngier, a member of the Company's board of directors. Pursuant to the Fourth
Extension Agreement, (i) the maturity date of the loan from Antara to the
Company pursuant to the Senior Secured Loan and Executive Loan Agreement dated
March 11, 2022 (the "Bridge Loan Agreement"), was extended from July 15, 2022 to
August 15, 2022; and (ii) the maturity date of the loans from the Executive
Lenders to the Company pursuant to the Bridge Loan Agreement was extended from
July 22, 2022 to August 22, 2022.
The foregoing summary of the material terms of the Fourth Extension Agreement
does not purport to be complete and is qualified in its entirety by reference to
the full text of the Fourth Extension Agreement, which is filed as an exhibit to
this Current Report on Form 8-K and incorporated herein by reference.
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Item 9.01 Financial Statements and Exhibits.
Exhibit No. Description
4.1 Fourth Loan Extension Agreement dated July 15, 2022 between and
among EVO Transportation & Energy Services, Inc., certain of its
subsidiaries as guarantors, Antara Capital Master Fund LP, Thomas
J. Abood, Damon R. Cuzick, Bridgewest Growth Fund LLC, and Batuta
Capital Advisors LLC
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