Energy Services of America CORP 10-Q

ITEM 2 . Unregistered Sales of Equity Securities and Use of Proceeds (a) There have been no unregistered sales of equity securities during the period covered by the report. (b) None. (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. The Program has no expiration date. The repurchases of Energy Services of America Corporation’s shares of its common stock during the three months ended March 31, 2023 was as follows: ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Value of Shares Maximum Number of ​ ​ ​ ​ ​ ​ ​ Purchased as Part of ​ Shares That May Yet Be ​ ​ Total Number of Shares ​ Average Price ​ Publicly Announced ​ Purchased Under the Period ​ Purchased ​ Paid Per Share ​ Plans or Programs (1) ​ Plans or Programs March 1, 2023-March 31, 2023 32,181 ​ $ 2.23 ​ $ 71,655 967,819 Total 32,181 ​ $ 2.23 ​ 71,655 (1) On July 6, 2022 the Company announced that the Board of Directors authorized a stock repurchase program under which the Company would repurchase up to 1,000,000 shares, or approximately 6%, of the Company’s issued and outstanding stock. The repurchase program started on August 16, 2022 and has no expiration date. ​ 38 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 ​ ​ 39 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: May 31, 2023 By: /s/ Douglas V. Reynolds Douglas V. Reynolds Chief Executive Officer Date: May 31, 2023 By: /s/ Charles P. Crimmel Charles P. Crimmel Chief Financial Officer ​ ​ ​ ​ 40