Filing Details
- Accession Number:
- 0001209191-11-039786
- Form Type:
- 4
- Zero Holdings:
- No
- Publication Time:
- 2011-07-18 16:52:59
- Reporting Period:
- 2011-07-14
- Filing Date:
- 2011-07-18
- Accepted Time:
- 2011-07-18 16:52:59
- 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 |
|---|---|---|---|---|---|---|---|
| 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
| 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 | 2011-07-14 | 3,600,000 | $1.00 | 14,654,160 | No | 4 | C | Indirect | By Denly Utah Coal, LLC |
| Common Stock, Par Value $.0001 | Acquisiton | 2011-07-14 | 2,701,923 | $1.00 | 17,356,083 | No | 4 | C | Indirect | By Danly Utah Coal, LLC |
| Common Stock, Par Value $.0001 | Acquisiton | 2011-07-15 | 298,078 | $1.00 | 17,654,161 | No | 4 | P | Indirect | By Denly Utah Coal, LLC |
| Equity Swap Involved | Form Type | Code | Nature of Ownership | Explanation |
|---|---|---|---|---|
| No | 4 | C | Indirect | By Denly Utah Coal, LLC |
| No | 4 | C | Indirect | By Danly Utah Coal, LLC |
| No | 4 | P | Indirect | By Denly Utah Coal, LLC |
Reported Derivative Transactions
| Sec. Name | Sec. Type | Acquisiton - Disposition | Date | Amount | Price | Amount - 2 | Price - 2 |
|---|---|---|---|---|---|---|---|
| Common Stock | 8% Convertible Debenture | Disposition | 2011-07-14 | 0 | $0.00 | 3,600,000 | $1.00 |
| Common Stock | 8% Convertible Debenture | Acquisiton | 2011-07-14 | 0 | $1.00 | 2,701,923 | $1.00 |
| Common Stock | 8% Convertible Debenture | Disposition | 2011-07-14 | 0 | $0.00 | 2,701,923 | $1.00 |
| Remaning Holdings | Exercise Date | Expiration Date | Equity Swap Involved | Transaction Form Type | Transaction Code | Nature of Ownership |
|---|---|---|---|---|---|---|
| 1,083,331 | 2011-03-31 | 2014-06-01 | No | 4 | C | Indirect |
| 3,785,254 | 2011-07-14 | 2011-07-14 | No | 4 | P | Indirect |
| 1,083,331 | 2011-07-14 | 2011-07-14 | No | 4 | C | Indirect |
Footnotes
- The securities reported on this Form 4 are owned directly by the 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. The co-trustees and co-beneficiaries of The von Waaden 2004 Revocable Trust 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. 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.
- The Company made a total of $2,690,130.00 in loans to the Issuer between June 3, 2011 and July 14, 2011. Outstanding principal and unpaid accrued interest on these loans converted automatically on July 14, 2011 pursuant to that certain First Amended and Restated Conversion and Stock Purchase Agreement dated effective June 23, 2011 because the Issuer satisfied certain conditions by that date.
- The number of the Issuer's derivative securities beneficially owned by the Company at any time depends on the principal and unpaid accrued interest outstanding at that time on an 8% Convertible Debenture acquired by the Company on March 31, 2011 (the "March 31, 2011 Convertible Debenture"). Apart from the March 31, 2011 Convertible Debenture, the Company owns 1,083,331 Issuer derivative securities.
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