COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • June 2nd, 2009 • America West Resources, Inc. • Bituminous coal & lignite mining • Utah
This Common Stock Purchase Agreement (this “Agreement”) is made and entered into as of the 27th day of May, 2009 by, between and among America West Resources, Inc., a Nevada corporation (the “Company”), and each of Denly Utah Coal, LLC, a Texas limited liability company (“Denly”), John Thomas Bridge and Opportunity Fund, L.P., a Delaware limited partnership (“JTBOF”), Thomas Murch, an individual (“Murch”), James J. Moore, an individual (“Moore”) and John A. Meeks, an individual (“Meeks”) (Denly, JTBOF, Murch, Moore and Meeks, together with any subsequent holders of any of the Investors’ Common Stock, are sometimes referred to in this Agreement, collectively, as the “Investors”).
LOAN AGREEMENT Dated as of May 27, 2009 AMONG DENLY UTAH COAL, LLC JOHN THOMAS BRIDGE AND OPPORTUNITY FUND, L.P. THOMAS MURCH JAMES MOORE and JOHN MEEKS (Lenders) AND AMERICA WEST SERVICES, INC. (Borrower) and AMERICA WEST RESOURCES, INC. (Guarantor)Loan Agreement • June 2nd, 2009 • America West Resources, Inc. • Bituminous coal & lignite mining • Utah
THIS LOAN AGREEMENT is dated and effective on and as of May 27, 2009, by and among Denly Utah Coal, LLC, a Texas limited liability company ("Denly"), John Thomas Bridge and Opportunity Fund, L.P., a Delaware limited partnership ("JTF"), Thomas Murch ("Murch"), James Moore ("Moore") and John Meeks ("Meeks") (Denly, JTF, Murch, Moore and Meeks are hereinafter collectively referred to as the "Lenders"), America West Services, Inc., a Nevada corporation (the "Borrower"), America West Resources, Inc., a Nevada corporation (the "Guarantor"), and JTF as collateral agent for itself and the other Lenders (in such capacity, together with its successors in such capacity, the "Collateral Agent").
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 2nd, 2009 • America West Resources, Inc. • Bituminous coal & lignite mining • Texas
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of this 27th day of May, 2009 is made by and among America West Resources, Inc., a Nevada corporation, (the “Company”), Denly Utah Coal, LLC, a Texas limited liability company (“Denly”), John Thomas Bridge and Opportunity Fund, L.P., a Delaware limited partnership (“JTBOF”), Thomas Murch, an individual (“Murch”), James J. Moore, an individual (“Moore”) and John A. Meeks, an individual (“Meeks”) (Denly, JTBOF, Murch, Moore and Meeks, collectively referred to as the “Investors”).
ROYALTY ASSIGNMENT AND AGREEMENT, GRANT OF SECURITY INTEREST AND FINANCING STATEMENTRoyalty Assignment and Agreement • June 2nd, 2009 • America West Resources, Inc. • Bituminous coal & lignite mining • Utah
JOHN THOMAS BRIDGE AND OPPORTUNITY FUND, L.P., a Delaware limited partnership (the “Fund”), DENLY UTAH COAL, LLC, a Texas limited liability company (“Denly”), THOMAS MURCH (“Murch”), JAMES J. MOORE (“Moore”), and JOHN MEEKS (“Meeks”) (collectively the “Grantees”).
