COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • October 16th, 2008 • America West Resources, Inc. • Bituminous coal & lignite mining • Texas
This Common Stock Purchase Agreement (this “Agreement”) is made and entered into as of the 9th day of October, 2008 by, between and among America West Resources, Inc., a Nevada corporation (the “Company”), and each of Denly ACI Partners, Ltd., a Texas limited partnership (“Denly ACI”) and Dennis C. von Waaden and Sally A. von Waaden, Trustees of The von Waaden 2004 Revocable Trust (the “Trustees”) (Denly ACI and the Trustees are sometimes referred to in this Agreement, collectively, as the “Investors”).
COLLATERAL ASSIGNMENT OF ESCROW AGREEMENT AND ESCROW FUNDSEscrow Agreement • October 16th, 2008 • America West Resources, Inc. • Bituminous coal & lignite mining
COLLATERAL: All of Debtor=s right, title, interest, claim and demand (but not Debtor=s duties or obligations) in and to the following described contracts and all payments (direct or indirect, whether in cash or otherwise), distributions, and rights to payment of every kind under and by virtue of (i) that certain Escrow and Account Control Agreement dated as of October 9, 2008, by and among the Debtor; and Wells Fargo Bank, National Association (as Escrow Agent), as now or hereafter amended or modified (the “Escrow Agreement”), and (ii) all accounts and general intangibles consisting of, relating to or otherwise arising out of the Escrow Agreement and Debtor’s right, title, interest, or claim (but not Debtor’s duties or obligations) in and to the Escrow Property (as defined therein) and all payments, distributions, and rights to payment of every kind, under and by virtue of the Escrow Agreement.
LOAN AGREEMENT Dated as of October 9, 2008 AMONG DENLY ACI PARTNERS, LTD. AND THE VON WAADEN 2004 REVOCABLE TRUST (Lenders) AND AMERICA WEST RESOURCES, INC. (Borrower)Loan Agreement • October 16th, 2008 • America West Resources, Inc. • Bituminous coal & lignite mining • Utah
THIS LOAN AGREEMENT is dated and effective on and as of October 9, 2008, by and among Denly ACI Partners, Ltd., a Texas limited partnership (the "Partnership"), and Dennis C. von Waaden, and Sally A. von Waaden, as Co-Trustees ofThe von Waaden 2004 Revocable Trust (the "Trust"), and America West Resources, Inc., a Nevada corporation (the "Borrower"). The Partnership and the Trust are hereinafter collectively referred to as the "Lenders").
