Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard; Transfer of Listing.
(a) On May 18, 2023, Energy Services of America Corporation (the "Company")
received a delinquency notification letter from the Listing Qualifications
Department of The Nasdaq Stock Market LLC ("Nasdaq") indicating that, as a
result of the Company's delay in filing its Quarterly Report on Form 10-Q for
the period ended March 31, 2023 (the "Form 10-Q"), the Company is not in
compliance with the timely filing requirement for continued listing under Nasdaq
Listing Rule 5250(c)(1). The notification letter has no immediate effect on the
listing or trading of the Company's common stock on the Nasdaq Capital Market.
The Company filed a Notification of Late Filing on Form 12b-25 on May 15, 2023,
indicating that the filing of the Form 10-Q would be delayed due to the need to
restate the Company's previously issued audited consolidated financial
statements for the fiscal years ended September 30, 2022 and 2021 and certain
related interim periods.
Nasdaq has informed the Company that the Company must submit a plan of
compliance (the "Plan") within 60 calendar days, or no later than July 17, 2023,
addressing how it intends to regain compliance with Nasdaq's listing rules and,
if Nasdaq accepts the Plan, it may grant an extension of up to 180 calendar days
from the Form 10-Q original filing due date, or until November 13, 2023, to
regain compliance.
The Company's management is working diligently to complete the Form 10-Q and
intends to file the Form 10-Q as soon as practicable.
A press release, dated May 24, 2023, disclosing the Company's receipt of the
Nasdaq notification letter is attached hereto as Exhibit 99.1.
Item 9.01. Financial Statements and Exhibits
(d) Exhibits:
99.1 Press Release disclosing the Company's receipt of the Nasdaq
notification letter
104 Cover Page for this Current Report on Form 8-K, formatted in Inline XBRL
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: May 24, 2023 By: /s/ Charles Crimmel
Charles Crimmel
Chief Financial Officer
© Edgar Online, source Glimpses
ENERGY SERVICES OF AMERICA CORPORATION 
