Exhibit 3.1
CERTIFICATE OF DESIGNATIONS
OF
SERIES D Non-PARTICIPATING PREFERRED STOCK
OF
EVO TRANSPORTATION & ENERGY SERVICES, INC.
EVO TRANSPORTATION & ENERGY SERVICES, INC., a corporation organized and existing under the laws of the State of Delaware (the “Corporation”), DOES HEREBY CERTIFY AS FOLLOWS:
The Board of Directors of the Corporation (including any committee thereof, the “Board of Directors”), at a meeting duly called and held on July 13, 2022, adopted the following resolution creating a series of Preferred Stock of the Corporation designated as “Series D Non-Participating Preferred Stock”:
RESOLVED, that pursuant to Section 151 of the Delaware General Corporation Law and the Certificate of Incorporation and the Bylaws, the Board of Directors hereby establishes a series of Preferred Stock, par value $0.0001 per share, of the Corporation and fixes and determines the voting powers, full or limited, or no voting powers, and such designations, preferences and relative, participating, optional or other special rights, and qualifications, limitations or restrictions thereof as follows:
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[Signature Page Follows]
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In witness whereof, the Corporation has caused this Certificate to be signed by Patrick Seul, its Executive Vice President, General Counsel and Secretary this 13th day of July, 2022.
EVO TRANSPORTATION & ENERGY SERVICES, INC. | ||
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By: | /s/ Patrick Seul | |
| Name: | Patrick Seul |
| Title: | Executive Vice President, General Counsel and Corporate Secretary |