UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K/A

Amendment No. 1

to

CURRENT REPORT

Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): August 30, 2019

EVO Transportation & Energy Services, Inc.

(Exact name of registrant as specified in its charter)

8285 West Lake Pleasant Parkway, Peoria, AZ 85382

(Address of principal executive offices)

877-973-9191

Registrant’s telephone number, including area code:

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 registration under any of the following provisions (see General Instruction A.2. below):

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

EVO Transportation & Energy Services, Inc. (the “Company”) previously filed a Current Report on Form 8-K on September 20, 2019 (the “Original Form 8-K”) reporting, among other things, its issuance of warrants (the “Antara Warrants”) to purchase an aggregate of 4,240,000 shares of common stock of the Company (the “Warrant Shares”) to Antara Capital Master Fund LP, a Delaware limited partnership (“Antara Capital”), or its affiliates in connection with the Company’s entry into a $24.5 million financing agreement among the Company, each subsidiary of the Company, various lenders from time to time party thereto, and Cortland Capital Market Services LLC, as administrative agent and collateral agent. The Antara Warrants consisted of warrants to purchase up to 3,350,000 shares of the Company’s common stock at an exercise price of $0.01 per share exercisable for a period of five years from the date of issuance (the “$0.01 Warrants”) and warrants to purchase up to 890,000 shares of the Company’s common stock at an exercise price of $2.50 per share, subject to adjustment for certain distributions, stock splits, and issuances of common stock, exercisable for a period of ten years from the date of issuance (the “$2.50 Warrants”).

The $0.01 Warrants were issued (i) 3,084,607 Warrant Shares to Antara Capital pursuant to a Warrant Agreement dated September 16, 2019 (“Warrant 37”) and (ii) 265,393 Warrant Shares to Corbin ERISA Opportunity Fund Ltd, a fund managed by Antara Capital (“Corbin”), pursuant to a Warrant Agreement dated September 16, 2019 (“Warrant 39”). The $2.50 Warrants were issued (i) 819,492 Warrant Shares to Antara Capital pursuant to a Warrant Agreement dated September 16, 2019 (“Warrant 36”) and (ii) 70,508 Warrant Shares to Corbin pursuant to a Warrant Agreement dated September 16, 2019 (“Warrant 38”). The Company filed copies of Warrant 36 and Warrant 37 as Exhibits 10.10 and 10.9, respectively, to its Original Form 8-K. The Company is filing this Amended Current Report on Form 8-K/A solely for the purpose of filing copies of Warrant 38 and Warrant 39 as Exhibits 10.13 and 10.14, respectively, which were inadvertently omitted as exhibits to the Original Form 8-K.

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.

2