Unregistered Sales of Equity Securities and Use of Proceeds
−Removed: (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.
−Removed: 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.
−Removed: Payment would be made within thirty (30) days after Seller makes written demand.
−Removed: (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.
+Added: (a) There have been no unregistered sales of equity securities during the period covered by the report.
+Added: (c) On July 6, 2022, the Company announced a share repurchase program (“Program”), pursuant to which the Company may, from time to time, purchase shares of its common stock for an aggregate repurchase not to exceed 1,000,000 shares, which is approximately 6.0% of its outstanding common stock.
+Added: The Program has no expiration date.
+Added: There were no repurchases of Energy Services of America Corporation’s shares of its common stock during the three months ended December 31, 2022.
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
10 unchanged sentences
ENERGY SERVICES OF AMERICA CORPORATION
−Removed: August 15, 2022
+Added: February 13, 2023
/s/ Douglas V.
Chief Executive Officer
−Removed: August 15, 2022
+Added: February 13, 2023
/s/ Charles P.
1 unchanged sentence
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.