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ESA > SEC Filings for ESA > Form 8-K on 9-Oct-2012All Recent SEC Filings

Show all filings for ENERGY SERVICES OF AMERICA CORP | Request a Trial to NEW EDGAR Online Pro

Form 8-K for ENERGY SERVICES OF AMERICA CORP


9-Oct-2012

Notice of Delisting or Failure to Satisfy a Continued Listing Rul


Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.

On October 4, 2012, Energy Services of America Corporation (the "Company") received notice from the NYSE MKT LLC ("NYSE") that the Company was not in compliance with one of the NYSE's continuing listing standards as set forth at Part 10 of the NYSE Market Rules company guide, specifically Section 1003(a)(iv) of the NYSE Market Rules company guide since the Company has sustained losses which, in the opinion of the NYSE are so substantial in relation to the Company's overall operations or the Company's existing financial resources, or the Company's financial condition has become so impaired that it appears questionable in the opinion of the NYSE, as to whether the Company will be able to continue its operations and/or meet its obligations. The NYSE has asked that the Company submit a plan indicating how it will become compliant with Section 1003(a)(iv).

The Company and its board of directors' is currently evaluating the statements made in the NYSE notice, the scope that any plan of compliance would take, as well as the alternatives that may be available to the Company.



Item 9.01 Financial Statements and Exhibits

(a) Financial Statements of businesses acquired.
Not Applicable.

(b) Pro forma financial information.
Not Applicable.

(c) Shell Company Transactions.
Not Applicable.

(d) Exhibits.

The following Exhibit is attached as part of this report:
99.1 Press Release dated October 9, 2012.


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: October 9, 2012 By: /s/ General Harley Mooney General Harley Mooney President and
Chief Executive Officer

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