8-K 1 tm209528d1_8k.htm FORM 8-K

 

 

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 19, 2020

 

Energy Services of America Corporation

(Exact Name of Registrant as Specified in its Charter)

 

Delaware

(State or other Jurisdiction

of Incorporation)

001-32998

(Commission

File Number)

20-4606266

(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
Not Applicable Not Applicable Not Applicable

 

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 5.07Submission of Matters to a Vote of Security Holders.

 

On February 19, 2020, 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 Arnett Carbis Toothman 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 7,015,345 250,466 3,205,829
Jack M. Reynolds 6,896,324 369,487 3,205,829
Neal W. Scaggs      6,947,203 318,608 3,205,829
Joseph L. Williams 6,923,615 342,196 3,205,829
Douglas V. Reynolds 7,018,345 247,466 3,205,829
Frank S. Lucente 7,226,824  38,987 3,205,829
Keith Molihan 6,950,203 315,608 3,205,829
Samuel G. Kapourales 7,101,803   164,008 3,205,829
Charles Abraham 6,950,203 315,608 3,205,829

Bruce H. Elliott

6,946,485   319,326 3,205,829

 

2.       The ratification of the appointment of Arnett Carbis Toothman LLP as the Company’s independent registered public auditing firm for the year ending September 30, 2020.

 

For

Against

Abstain

     

10,088,735

207,832

175,073

 

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

 

For

Against

Abstain

     

6,684,191

537,210

44,410

 

 

 

 

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 20, 2020 By: /s/ Charles P. Crimmel
     Charles P. Crimmel
     Chief Financial Officer