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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): December 9, 2021

 

Energy Services of America Corporation

(Exact Name of Registrant as Specified in its Charter)

 

Delaware 001-32998 20-4606266
(State or other Jurisdiction
of Incorporation)
(Commission File Number) (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 2.02 Results of Operations

 

On December 9, 2021, Energy Services of America Corporation (the “Company”) issued a press release disclosing its results of operations and financial condition at and for the fiscal year ended September 30, 2021.

 

A copy of the press release dated December 9, 2021, is included as Exhibit 99.1 to this report and is being furnished to the SEC and shall not be deemed filed for any purpose. 

 

Item 9.01 Financial Statements and Exhibits

 

(c) Exhibits

 

Exhibit 99.1 Press Release dated December 9, 2021

 

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:  December 9, 2021 By:    s/ Charles Crimmel
     Charles Crimmel
     Chief Financial Officer

 

 

 

Exhibit 99.1

 

Energy Services of America Announces Financial Results for the Fiscal Year ended September 30, 2021

 

Huntington, WV   December 9, 2021- Energy Services of America Corporation (the “Company” or “Energy Services”) (OTCQB: ESOA), generated revenues of $122.5 million, adjusted EBITDA of $3.8 million, net income available to common shareholders of $8.8 million and fully diluted earnings per share of $0.52 for the fiscal year ended September 30, 2021. The Company had backlog of $72.2 million at September 30, 2021.

 

Subsequent to the end of the fiscal year, the Company was awarded a $5.8 million verdict in a previously disclosed lawsuit against a former customer. The Company anticipates that a final judgement order will be issued during the first calendar quarter of 2022, which can be appealed up to thirty days after the judgement is entered. To date, the Company has not recognized the award in its financial statements.

 

Douglas Reynolds, President, commented on the announcement. “I am pleased with the progress we made during fiscal 2021 as we continue to build the foundation for future growth. During the year we expanded our gas and water distribution business geographically via acquisition and moved into both general contracting and solar installation in our core geographic markets. At the same time our balance sheet was strengthened with the forgiveness of the PPP loans, and we were able to simplify our capital structure by converting our preferred stock.” Reynolds continued, “Looking ahead we will continue to invest in the business and add talented people and business lines to grow the company and we anticipate that fiscal year 2022 will result in increased growth and profitability.”

 

Below is a comparison of the Company’s operating results for fiscal year 2021 compared to fiscal year 2020:

 

   Year Ended   Year Ended 
   September 30, 2021   September 30, 2020 
Revenue  $122,465,826   $119,194,440 
           
Cost of revenues   109,544,804    105,693,209 
           
Gross profit   12,921,022    13,501,231 
           
Selling and administrative expenses   13,813,644    9,831,578 
Income from operations   (892,622)   3,669,653 
           
Other income (expense)          
Interest income   286,645    53,332 
Paycheck Protection Program loan forgiveness   9,839,100    - 
Other nonoperating expense   (311,830)   (239,862)
Interest expense   (534,820)   (486,246)
Gain on sale of equipment   681,653    579,326 
    9,960,748    (93,450)
           
Income before income taxes   9,068,126    3,576,203 
           
Income tax (benefit) expense   (29,129)   1,143,186 
           
Net income   9,097,255    2,433,017 
           
Dividends on preferred stock   284,238    309,000 
           
Net income available to common shareholders  $8,813,017   $2,124,017 
           
Weighted average shares outstanding-basic   13,621,406    13,804,835 
           
Weighted average shares-diluted   16,988,424    17,238,168 
           
Earnings per share          
available to common shareholders  $0.647   $0.154 
           
Earnings per share-diluted          
available to common shareholders  $0.519   $0.123 

 

 

 

Please refer to the table below that reconciles adjusted EBITDA with net income available to common shareholders:

 

   Year Ended   Year Ended 
   September 30, 2021   September 30, 2020 
Net income available to          
  common shareholders  $8,813,017   $2,124,017 
           
Add: Income tax (benefit) expense   (29,129)   1,143,186 
           
Add: Dividends on preferred stock   284,238    309,000 
           
Add:  Interest expense   534,820    486,246 
           
Less: Non-operating income   (10,495,568)   (392,796)
           
Add: Depreciation expense   4,661,789    4,395,362 
           
Adjusted EBITDA  $3,769,167   $8,065,015 

 

Certain statements contained in the release, including without limitation statements including the words "believes," "anticipates," "intends," "expects" or words of similar import, constitute "forward-looking statements" within the meaning of section 21E of the Securities Exchange Act of 1934, as amended (the "Exchange Act"). Such forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements of the Company expressed or implied by such forward-looking statements. Such factors include, among others, general economic and business conditions, changes in business strategy or development plans and other factors referenced in this release. Given these uncertainties, prospective investors are cautioned not to place undue reliance on such forward-looking statements. The Company disclaims any obligation to update any such factors or to publicly announce the results of any revisions to any of the forward-looking statements contained herein to reflect future events or developments.

 

Source: Energy Services of America Corporation

 

Contact: Douglas Reynolds, President

(304)-522-3868