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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) December 30, 2022

 

Ecoark Holdings, Inc.
(Exact name of registrant as specified in its charter)

 

Nevada   000-53361   30-0680177
(State or other jurisdiction
of incorporation)
  (Commission File Number)   (IRS Employer
Identification No.)

 

303 Pearl Parkway Suite 200, San Antonio, TX   78215
(Address of principal executive offices)   (Zip Code)

 

Registrant’s telephone number, including area code: 1-800-762-7293

 

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))

 

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).

 

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. ☐

 

Title of each class   Trading Symbol(s)   Name of each exchange on which registered
Common Stock    ZEST   

 The Nasdaq Stock Market LLC

 

(The Nasdaq Capital Market)

 

 

 

 

 

 

Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

 

(b) 

 

On December 30, 2022, William Hoagland, Chief Executive Officer and a director of Agora Digital Holdings, Inc. (“Agora”), an approximately 89 percent majority owned subsidiary of Ecoark Holdings, Inc. (the “Company”), resigned from his positions as an officer and director of Agora to pursue other interests. Mr. Hoagland’s departure from Agora was amicable and he was in good standing at the time of his resignation. As a result of his resignation from his positions with Agora, Mr. Hoagland is no longer an employee or director of the Company or any subsidiary.

 

In connection with Mr. Hoagland’s resignation, Daniel Koehler, Agora’s President and Britt Swann its Chief Financial Officer will be the principal executive officers of Agora going forward.

 

Item 9.01 Financial Statements and Exhibits.

 

(d) Exhibits.

 

Exhibit No.   Exhibit
104   Cover Page Interactive Data File (embedded within the Inline XBRL document)

 

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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.

 

January 6, 2023 Ecoark Holdings, Inc.
   
  By:  /s/ Randy S. May
    Randy S. May
    Chief Executive Officer

 

 

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