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Filing Details

Accession Number:: 0001209191-10-009695
Form Type:: 5
Zero Holdings:: No
Publication Time:: 2010-02-16 12:00:00
Reporting Period:: 2009-12-31

Filing Date:: 2010-02-16
Accepted Time:: 2010-02-16 19:50:58
SEC Url:: Form 4 Filing

Issuer

Cik	Name	Symbol	Sector (SIC)	IRS No
867687	America West Resources Inc.	AWSR.0B	Bituminous Coal & Lignite Mining (1220)	841152135

Insiders

Cik	Name	Reported Address	Director	Officer	Large Shareholder	Other
1467009	Trust Revocable 2004 Waaden Von	13809 Research Boulevard Suite 810 Austin TX 78750	No	No	Yes	No
1467010	C Dennis Waaden Von	13809 Research Boulevard Suite 810 Austin TX 78750	No	No	Yes	No
1467011	A. Sally Waaden Von	13809 Research Boulevard Suite 810 Austin TX 78750	No	No	Yes	No
1467012	D Matthew Waaden Von	13809 Research Boulevard Suite 810 Austin TX 78750	No	No	Yes	No
1467013	Mark D Waaden Von	13809 Research Boulevard Suite 810 Austin TX 78750	No	No	Yes	No

Reported Non-Derivative Transactions

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Sec. Name	Acquisiton - Disposition	Date	Amount	Price	Remaning Holdings	Equity Swap Involved	Form Type	Code	Nature of Ownership	Explanation
Common Stock, Par Value $.0001	Acquisiton	2009-10-09	5,000,000	$0.00	45,741,111	No	4	P	Indirect	See footnotes
Common Stock, Par Value $.0001	Acquisiton	2009-10-13	2,000,000	$0.00	45,741,111	No	4	J	Indirect	See footnotes
Common Stock, Par Value $.0001	Acquisiton	2009-11-11	1,500,000	$0.00	45,741,111	No	4	J	Indirect	See footnotes
Common Stock, Par Value $.0001	Acquisiton	2009-10-23	1,000,000	$0.00	45,741,111	No	4	J	Indirect	See footnotes
Common Stock, Par Value $.0001	Acquisiton	2009-10-23	5,341,111	$0.00	45,741,111	No	4	J	Indirect	See footnotes

Equity Swap Involved	Form Type	Code	Nature of Ownership	Explanation
No	4	P	Indirect	See footnotes
No	4	J	Indirect	See footnotes
No	4	J	Indirect	See footnotes
No	4	J	Indirect	See footnotes
No	4	J	Indirect	See footnotes

Footnotes

The securities reported on this Form 5 are owned directly by Denly Utah Coal, LLC, a Texas limited liability company (the "Company"), which is controlled by The von Waaden 2004 Revocable Trust, the co-trustees and co-beneficiaries of which are Dennis C. von Waaden and Sally A. von Waaden. Additionally, Dennis C. von Waaden, Sally A. von Waaden, D. Mark von Waaden and Matthew D. von Waaden are each an officer of and member of the board of managers of the Company. The von Waaden 2004 Revocable Trust, Dennis C. von Waaden, Sally A. von Waaden, D. Mark von Waaden and Matthew D. von Waaden are indirect beneficial owners of the reported securities.
Each of the reporting persons has a pecuniary interest in only a portion of such securities and disclaims beneficial ownership except to the extent thereof.
The 5,000,000 shares of common stock of the Issuer were purchased under a Stock Purchase Agreement between the Company and the Issuer dated October 9, 2009.
As of October 13, 2009, the Company loaned $200,000.00 to the Issuer, as a result of which the Issuer executed a promissory note for the benefit of the Company (the "October 13, 2009 Note"). As part of the consideration for the loan, under the terms of the October 13, 2009 Note, the Issuer issued 2,000,000 shares of common stock to the Company.
As of November 11, 2009, the Company loaned $150,000.00 to the Issuer, as a result of which the Issuer executed a promissory note for the benefit of the Company (the "November 11, 2009 Note"). As part of the consideration for the loan, under the terms of the November 11, 2009 Note, the Issuer issued 1,500,000 shares of common stock to the Company.
As of October 23, 2009, the Company loaned $750,000.00 to America West Services, Inc. ("Subsidiary"), a wholly owned subsidiary of the Issuer, as a result of which the Subsidiary executed a promissory note for the benefit of the Company (the "October 23, 2009 Note"). Under the terms of the October 23, 2009 Note, the Subsidiary agreed to pay the Company interest for the period of October 23, 2009 to December 22, 2009 in the form of common stock of the Issuer to be delivered on January 6, 2010. The Issuer has an obligation to issue 1,000,000 shares of its common stock to the Company with regard to this right.
As of May 27, 2009, the Company loaned $1,150,000.00 to the Subsidiary, as a result of which the Subsidiary executed a promissory note for the benefit of the Company (the "May 27, 2009 Note"). As of October 23, 2009, the Subsidiary executed an amendment to the May 27, 2009 Note in favor of Company under which the parties agreed that interest on the May 27, 2009 Note from May 27, 2009 to December 22, 2009 was to be paid in common stock of the Issuer. As of January 6, 2010, the Issuer has had an obligation to issue 5,341,111 shares of its common stock to the Company with regard to this right.