-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, KPuMWDVporAqhU7MNBNuc1e+DP9QgRY2HouzUSG1uTSKf8UXBXM8fiQDLyYKQjQi jeM5adug24CMiOdDdeCc/w== 0001144204-09-017019.txt : 20090330 0001144204-09-017019.hdr.sgml : 20090330 20090330163518 ACCESSION NUMBER: 0001144204-09-017019 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20090330 DATE AS OF CHANGE: 20090330 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: NEAH POWER SYSTEMS, INC. CENTRAL INDEX KEY: 0001162816 STANDARD INDUSTRIAL CLASSIFICATION: MISCELLANEOUS ELECTRICAL MACHINERY, EQUIPMENT & SUPPLIES [3690] IRS NUMBER: 880418806 STATE OF INCORPORATION: NV FISCAL YEAR END: 0731 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-78871 FILM NUMBER: 09714544 BUSINESS ADDRESS: STREET 1: 22122 20TH AVE SE, STREET 2: SUITE 161 CITY: BOTHELL STATE: WA ZIP: 98021 BUSINESS PHONE: 425-424-3324 MAIL ADDRESS: STREET 1: 22122 20TH AVE SE, STREET 2: SUITE 161 CITY: BOTHELL STATE: WA ZIP: 98021 FORMER COMPANY: FORMER CONFORMED NAME: GROWTH MERGERS INC DATE OF NAME CHANGE: 20011128 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: AGILE OPPORTUNITY FUND LLC CENTRAL INDEX KEY: 0001459321 IRS NUMBER: 261155548 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: 1175 WALT WHITMAN ROAD STREET 2: SUITE 100A CITY: MELVILLE STATE: NY ZIP: 11747 BUSINESS PHONE: 631 424 9646 MAIL ADDRESS: STREET 1: 1175 WALT WHITMAN ROAD STREET 2: SUITE 100A CITY: MELVILLE STATE: NY ZIP: 11747 SC 13G 1 v144494_sc13g.htm Unassociated Document
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

Schedule 13G

Under the Securities Exchange Act of 1934

NEAH POWER SYSTEMS, INC.
(Name of Issuer)

Common Stock, $0.001 par value per share
(Title of Class of Securities)

63948P107
(CUSIP Number)

March 20, 2009
(Date of Event Which Requires Filing of this Statement)


Check the appropriate box to designate the rule pursuant to which this Schedule is filed:
 
o
Rule 13d-1(b)
 
 
þ
Rule 13d-1(c)
 
 
o
Rule 13d-1(d)
 
* The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.
 
The information required in the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
 
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.
 
Page 1 of 5

 
CUSIP No. 63948P107
 
13G
Page 2 of 5 Pages
 
1.
NAME OF REPORTING PERSONS
I.R.S. IDENTIFICATION NO. OF ABOVE PERSONS (ENTITIES ONLY)
 
Agile Opportunity Fund, LLC (26-1155548)
 
 
2.
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
 
(a) o
(b) o
3.
SEC USE ONLY
 
 
4.
CITIZENSHIP OR PLACE OF ORGANIZATION
 
Delaware
 
 
 
NUMBER OF
5.
SOLE VOTING POWER
 
25,000,000
 
 
SHARES
BENEFICIALLY
6.
SHARED VOTING POWER
 
0
 
 
OWNED BY
EACH REPORTING
7.
SOLE DISPOSITIVE POWER
 
25,000,000
 
 
PERSON WITH
8.
SHARED DISPOSITIVE POWER
 
 0
 
 
9.
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
 
25,000,000
 
 
10.
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES
o
11.
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
 
9.8%
 
 
12.
TYPE OF REPORTING PERSON
 
OO
 
 
 
2

 
Item 1(a).
Name of Issuer:
 
Neah Power Systems, Inc., a Nevada corporation
 
Item 1(b).
Address of Issuer’s Principal Executive Offices:
 
22122 20th Ave SE, Suite 161
Bothell, Washington 98021
 
Item 2(a).
Name of Persons Filing:
 
Agile Opportunity Fund, LLC
 
Item 2(b).
Address of Principal Business Office or, if None, Residence:
 
1175 Walt Whitman Road, Suite 100A
Melville, NY 11747
 
Item 2(c).
Citizenship:
 
The person filing this statement is organized under the laws of Delaware.
 
Item 2(d).
Title of Class of Securities:
 
Common stock, $0.001 par value per share
 
Item 2(e).
CUSIP Number:
 
63948P107
 
Item 3.
If This Statement is Filed Pursuant to Rule 13d-1(b), or 13d-2(b) or (c), Check Whether the Person Filing is a:
 
 
(a)
o
Broker or dealer registered under Section 15 of the Exchange Act.
 
 
(b)
o
Bank as defined in Section 3(a)(6) of the Exchange Act.
 
 
(c)
o
Insurance company as defined in Section 3(a)(19) of the Exchange Act.
 
 
(d)
o
Investment company registered under Section 8 of the Investment Company Act.
 
 
(e)
o
An investment adviser in accordance with Rule 13d-1(b)(1)(ii)(E).
 
 
(f)
o
An employee benefit plan or endowment fund in accordance with Rule 13d-1(b)(1)(ii)(F).
 
 
(g)
o
A parent holding company or control person in accordance with Rule 13d-1(b)(1)(ii)(G).
 
 
(h)
o
A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act.
 
 
(i)
o
A church plan that is excluded from the definition of an investment company under Section 3(c)(14) of the Investment Company Act.
 
 
(j)
o
Group, in accordance with Rule 13d-1(b)(1)(ii)(J).
 
3

 
Item 4.
Ownership.
 
 
(a)
Amount beneficially owned:  25,000,000.
 
 
(b)
Percent of class:  9.8%.
 
 
(c)
Number of shares as to which such person has:
 
 
(i)
Sole power to vote or to direct the vote:  25,000,000.
 
 
(ii)
Shared power to vote or to direct the vote:  0.
 
 
(iii)
Sole power to dispose or to direct the disposition of:  25,000,000.
 
 
(iv)
Shared power to dispose or to direct the disposition of:  0.
 
Item 5.
Ownership of Five Percent or Less of a Class.
 
If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than 5 percent of the class of securities, check the following o.
 
Item 6.
Ownership of More than Five Percent on Behalf of Another Person.
 
Not applicable.
 
Item 7.
Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on by the Parent Holding Company:
 
Not applicable.
 
Item 8.
Identification and Classification of Members of the Group.
 
Not applicable.
 
Item 9.
Notice of Dissolution of Group.
 
Not applicable.
 
Item 10.
Certifications.
 
By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect.
 
4

 
SIGNATURE
 
After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.
 
Date:  March 30, 2009  
By:  Agile Investments, LLC, Managing Member
 
       
 
/s/ David I. Propis  
  David I. Propis, Managing Member  
 
 
ATTENTION:  INTENTIONAL  MISSTATEMENTS  OR OMISSIONS OF FACT CONSTITUTE  FEDERAL CRIMINAL VIOLATIONS (SEE 18 U.S.C. 1001)

5

 
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