Energy Services of America CORP 10-Q

ITEM 2 . Unregistered Sales of Equity Securities and Use of Proceeds (a) On April 29, 2022, the Company issued 419,287 unregistered common shares to Corns Enterprises “Seller” as partial consideration in the Tri-State Paving acquisition pursuant to an exemption under The Securities Act of 1933. As an additional consideration, if the share price of the Stock is below a closing asking price of $1.50 per share on the date 180 days after issuance, the Company shall pay the Seller, in cash, the difference between $1.50 and the market value for each share of Stock. Payment would be made within thirty (30) days after Seller makes written demand. (b) None. (c) There were no repurchases of Energy Services of America Corporation’s shares of its common stock during the three and nine months ended June 30, 2022. ​ 37 Table of Contents ​ ITEM 6. Exhibits ​ 31.1 Certification of Chief Executive Officer pursuant to Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 ​ 31.2 ​ Certification of Chief Financial Officer pursuant to Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 ​ 32 ​ Certification of Chief Executive Officer and Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 ​ 101.INS ​ XBRL Instance Document ​ 101.SCH ​ XBRL Taxonomy Extension Schema Document ​ 101.CAL ​ XBRL Taxonomy Extension Calculation Linkbase Document ​ 101.DEF ​ XBRL Taxonomy Extension Definition Linkbase Document ​ 101.LAB ​ XBRL Taxonomy Extension Label Linkbase Document ​ 101.PRE ​ XBRL Taxonomy Extension Presentation Linkbase Document ​ ​ 38 Table of Contents SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. ENERGY SERVICES OF AMERICA CORPORATION ​ Date: August 15, 2022 By: /s/ Douglas V. Reynolds Douglas V. Reynolds Chief Executive Officer Date: August 15, 2022 By: /s/ Charles P. Crimmel Charles P. Crimmel Chief Financial Officer ​ ​ ​ ​ 39