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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT

 

PURSUANT TO SECTION 13 OR 15(D) OF

THE SECURITIES EXCHANGE ACT OF 1934

 

Date of Report (Date of earliest event reported): February 15, 2023

 

Energy Services of America Corporation

(Exact Name of Registrant as Specified in its Charter)

 

Delaware 001-32998 20-4606266
(State or other Jurisdiction
of Incorporation)
(Commission File
Number)
(I.R.S. Employer
Identification No.)

 

75 West 3rd Ave., Huntington, West Virginia 25701
(Address of Principal Executive Offices) (Zip Code)

 

Registrant’s telephone number, including area code: (304) 522-3868  

 

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 (see General Instruction A.2. below):

 

¨Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨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:

 

Title of each class Ticker symbol(s) Name of each exchange on which registered
Common Stock, Par Value $0.0001 ESOA The Nasdaq Stock Market LLC

 

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. ¨

 

 

 

 

 

Item 5.07 Submission of Matters to a Vote of Security Holders

 

On February 15, 2023, Energy Services of America Corporation (the “Company”) held its Annual Meeting of Stockholders. At the Annual Meeting, stockholders considered the election of directors, the ratification of Baker Tilly US, LLP as the Company’s independent registered public accountants, and an advisory, non-binding resolution with respect to executive compensation. A breakdown of the votes cast is set forth below.

 

1.       The election of directors.

 

 

For

Withheld

Broker Non-Votes

       
Marshall T. Reynolds 6,650,719 1,216,627 2,725,254
Jack M. Reynolds 6,661,769 1,205,577 2,725,254
Joseph L. Williams 6,750,947 1,116,399 2,725,254
Douglas V. Reynolds 6,811,026 1,056,320 2,725,254
Frank S. Lucente 6,896,058   971,288 2,725,254
Patrick J. Farrell 6,607,524 1,259,822 2,725,254

Samuel G. Kapourales

Charles Abraham

Amy E. Abraham

Mark S. Prince

6,907,258

6,628,868

6,968,224

6,819,159

960,088

1,238,478

899,122

1,048,187

2,725,254

2,725,254

2,725,254

2,725,254

 

2.       The ratification of the appointment of Baker Tilly US, LLP as the Company’s independent registered public auditing firm for the year ending September 30, 2023.

 

For

Against

Abstain

 
       

9,271,766

894,984

425,850

 

 

3.       An advisory, non-binding resolution with respect to our executive compensation.

 

For

Against

Abstain

 
       

6,781,946

1,076,314

9,086

 

 

 

 

 

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.

 

  ENERGY SERVICES OF AMERICA CORPORATION
   
DATE:  February 16, 2023 By: /s/Charles Crimmel
  Charles Crimmel
    Chief Financial Officer