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

On May 2, 2023, Enservco Corporation (the "Company") received an official notice of noncompliance from the NYSE Regulation ("NYSE") stating that the Company's stockholders' equity as reported in its Quarterly Report on Form 10-K for the period ended December 31, 2022 ("Form 10-K") was not in compliance with the NYSE American's continued listing standards under Section 1003(a)(i) in the NYSE American Company Guide (the "Company Guide"). Section 1003(a)(i) in the Company Guide requires that a listed company's stockholders' equity be at least $2.0 million if it has reported losses from continuing operations and/or net losses in two of its three most recent fiscal years. As reported in its Form 10-K, the Company's stockholders' equity was approximately $1.2 million. The Company remains noncompliant with Section 1003(a)(ii) and Section 1003(a)(iii) of the Company Guide as reported on Company's Form 8-K filed December 15, 2022 and Form 10-K.

Under Section 1009 of the Company Guide, the Company continues to be subject to the procedures and requirements set forth in Section 1009 of the Company Guide. The Company has until June 9, 2024, to regain compliance with the stockholders' equity continued listing standards or NYSE will initiate delisting proceedings. On January 10, 2023, Company submitted a plan (the "Plan") advising of actions it is taking to regain compliance with the continued listing standards by June 9, 2024, which Plan was accepted by the NYSE on February 14, 2023. Pursuant to the Plan, the Company completed an equity offering of $3.5 million in February 2023, Cross River Partners converted approximately $1.1 million in convertible debt to equity in March 2023 and presently intends to convert up to $2.5 million in convertible debt to equity subject to stockholder approval at the Company's 2023 Annual Stockholders meeting to be held June 13, 2022. The NYSE notice has no immediate effect on the listing or trading of the Company's common stock on the NYSE American.

While the Company is taking steps to achieve compliance with the stockholders' equity standards of Section 1003(a) of the Company Guide by June 9, 2024, there can be no assurance that the Company will ultimately regain compliance with all applicable NYSE American listing standards.

Item 8.01 Other Events

On May 8, 2023, the Company issued a press release announcing its receipt of the NYSE Notice. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.



Item 9.01.         Exhibits.

(d)   Exhibits


Exhibit       Description
Number
99.1            Press Release dated May 5, 2023.
104           Cover Page Interactive Data File (embedded within the Inline XBRL
              document)

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