Filing Details

Accession Number:
0001209191-10-015342
Form Type:
4
Zero Holdings:
No
Publication Time:
2010-03-08 12:00:00
Reporting Period:
2009-10-09
Filing Date:
2010-03-08
Accepted Time:
2010-03-08 17:49:52
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 Insider Title Director Officer Large Shareholder Other
1485567 Denly Aci Partners, Ltd. 13809 Research Boulevard
Suite 810
Austin TX 78750
No No Yes No
1485620 Denly Aci Mgt., Llc 13809 Research Boulevard
Suite 810
Austin TX 78750
No No Yes No
Reported Non-Derivative Transactions
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 35,900,000 No 4 P Indirect By Denly Utah Coal, LLC
Common Stock, Par Value $.0001 Acquisiton 2009-10-13 2,000,000 $0.00 37,900,000 No 4 J Indirect By Denly Utah Coal, LLC
Common Stock, Par Value $.0001 Acquisiton 2009-11-11 1,500,000 $0.00 39,400,000 No 4 J Indirect By Denly Utah Coal, LLC
Common Stock, Par Value $.0001 Acquisiton 2009-10-23 1,000,000 $0.00 40,400,000 No 4 J Indirect By Denly Utah Coal, LLC
Common Stock, Par Value $.0001 Acquisiton 2009-10-23 5,341,111 $0.00 45,741,111 No 4 J Indirect By Denly Utah Coal, LLC
Common Stock, Par Value $.0001 Acquisiton 2010-01-27 10,000,000 $0.00 55,741,111 No 4 J Indirect By Denly Utah Coal, LLC
Common Stock, Par Value $.0001 Acquisiton 2010-02-12 2,300,000 $0.00 58,041,111 No 4 J Indirect By Denly Utah Coal, LLC
Common Stock, Par Value $.0001 Acquisiton 2010-03-01 2,600,000 $0.00 60,641,111 No 4 J Indirect By Denly Utah Coal, LLC
Equity Swap Involved Form Type Code Nature of Ownership Explanation
No 4 P Indirect By Denly Utah Coal, LLC
No 4 J Indirect By Denly Utah Coal, LLC
No 4 J Indirect By Denly Utah Coal, LLC
No 4 J Indirect By Denly Utah Coal, LLC
No 4 J Indirect By Denly Utah Coal, LLC
No 4 J Indirect By Denly Utah Coal, LLC
No 4 J Indirect By Denly Utah Coal, LLC
No 4 J Indirect By Denly Utah Coal, LLC
Footnotes
  1. The securities reported on this Form 4 are owned directly by Denly Utah Coal, LLC, a Texas limited liability company (the "Company"). The two members of the Company are Denly ACI Partners, Ltd., a Texas limited partnership, which holds a 66 2/3% membership interest in the Company, and The von Waaden 2004 Revocable Trust, which owns a 33 1/3% membership interest in the Company. The general partner of Denly ACI Partners, Ltd. is Denly ACI Mgt., LLC, which is owned by Dennis C. von Waaden and Sally A. von Waaden. Each of the reporting persons may have a pecuniary interest in only a portion of such securities and disclaims beneficial ownership except to the extent thereof.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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 had an obligation to issue 5,341,111 shares of its common stock to the Company with regard to this right.
  7. As of January 27, 2010, the Company loaned $1,000,000.00 to the Issuer, as a result of which the Issuer executed a promissory note for the benefit of the Company (the "January 27, 2010 Note"). As part of the consideration for the loan, under the terms of the January 27, 2010 Note the Issuer had an obligation to issue 10,000,000 shares of common stock to the Company by February 2, 2010.
  8. As of February 12, 2010, the Company loaned $230,000.00 to the Issuer, as a result of which the Issuer executed a promissory note for the benefit of the Company (the "February 12, 2010 Note"). As part of the consideration for the loan, under the terms of the February 12, 2010 Note, the Issuer has an obligation to issue 2,300,000 shares of common stock to the Company.
  9. As of March 1, 2010, the Company loaned $260,000.00 to the Issuer, as a result of which the Issuer executed a promissory note for the benefit of the Company (the "March 1, 2010 Note"). As part of the consideration for the loan, under the terms of the March 1, 2010 Note, the Issuer has an obligation to issue 2,600,000 shares of common stock to the Company.