Item 8.01 Other Events
Due to the coronavirus ("COVID-19") outbreak, Energy Services of America
Corporation (the "Company") who is the plan sponsor of the Energy Services of
America 401(k) Retirement Savings Plan (the "Plan") is filing this Current
Report on Form 8-K to avail itself of an extension to file the Plan's Annual
Report on Form 11-K for the plan year ended December 31, 2019 (the "Form 11-K").
The Plan is relying on the Securities and Exchange Commission's Order under
Section 36 of the Securities Exchange Act of 1934 Modifying Exemptions From the
Reporting and Proxy Delivery Requirements for Public Companies dated March 25,
2020 (Release No. 34-88465) (the "Order").
As previously disclosed, the operations and business of the Company has
experienced disruptions due to the unprecedented conditions surrounding the
COVID-19 pandemic. Specifically, the Plan is relying on the Order due to limited
availability of key Company personnel to prepare and review the Form 11-K. This
has been caused by the time and attention needed for business and operational
issues resulting from COVID-19. The Plan anticipates that it will file its Form
11-K no later than 45 days after the original June 29, 2020 due date for the
Form 11-K as permitted by the Order.
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: June 26, 2020 By: /s/ Charles Crimmel
Chief Financial Officer
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