0001144204-14-027926.txt : 20140506 0001144204-14-027926.hdr.sgml : 20140506 20140506163601 ACCESSION NUMBER: 0001144204-14-027926 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20140506 DATE AS OF CHANGE: 20140506 GROUP MEMBERS: LANCE W. HELFERT GROUP MEMBERS: R. ATTICUS LOWE GROUP MEMBERS: WEST COAST ASSET MANAGEMENT, INC. SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: EnerJex Resources, Inc. CENTRAL INDEX KEY: 0000008504 STANDARD INDUSTRIAL CLASSIFICATION: CRUDE PETROLEUM & NATURAL GAS [1311] IRS NUMBER: 880422242 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-82806 FILM NUMBER: 14817575 BUSINESS ADDRESS: STREET 1: 4040 BROADWAY, SUITE 508 CITY: SAN ANTONIO STATE: TX ZIP: 78209 BUSINESS PHONE: 210-451-5545 MAIL ADDRESS: STREET 1: 4040 BROADWAY, SUITE 508 CITY: SAN ANTONIO STATE: TX ZIP: 78209 FORMER COMPANY: FORMER CONFORMED NAME: MILLENNIUM PLASTICS CORP DATE OF NAME CHANGE: 20000525 FORMER COMPANY: FORMER CONFORMED NAME: AURORA CORP DATE OF NAME CHANGE: 19990825 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: WEST COAST OPPORTUNITY FUND LLC CENTRAL INDEX KEY: 0001405965 IRS NUMBER: 000000000 STATE OF INCORPORATION: DE FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: C/O WEST COAST ASSET MANAGEMENT INC STREET 2: 2151 ALESANDRO DRIVE, SUITE 100 CITY: VENTURA STATE: CA ZIP: 93001 BUSINESS PHONE: 805-653-5333 MAIL ADDRESS: STREET 1: C/O WEST COAST ASSET MANAGEMENT INC STREET 2: 2151 ALESANDRO DRIVE, SUITE 100 CITY: VENTURA STATE: CA ZIP: 93001 SC 13D/A 1 v377540_sc13da.htm SC 13D/A

 

 

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

 

SCHEDULE 13D/A

 

INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT

TO RULE 13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO

RULE 13d-2(a)

(Amendment No. 12)*

 

 

EnerJex Resources, Inc.

(Name of Issuer)

 

 

Common Stock, par value $0.001

(Title of Class of Securities)

 

292758208

(CUSIP Number)

 

West Coast Opportunity Fund, LLC

c/o West Coast Asset Management, Inc.

1205 Coast Village Road

Montecito, California 93108

Attention: R. Atticus Lowe

Telephone: (805) 653-5333

(Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications)

 

April 10, 2014

(Date of Event Which Requires Filing of this Statement)

 

 

If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(e), 13d-1(f) or 13d-1(g), check the following box  ¨.

 

Note. Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See Rule 13d-7(b) for other parties to whom copies are to be sent.

 

* 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 disclosures provided in a prior cover page.

 

The information required on 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 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.)

 

 

 

 
 

 

 

CUSIP No.: 292758208

 

 

NAME OF REPORTING PERSON

S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON

 

West Coast Opportunity Fund, LLC

2  

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP

(a)  ¨        (b)  ¨

 

 3  

SEC USE ONLY

 

 4  

SOURCE OF FUNDS

 

WC

 5  

CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) or 2(e)     ¨

 

 6  

CITIZENSHIP OR PLACE OF ORGANIZATION

 

Delaware

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

  7  

SOLE VOTING POWER -

 

0

  8  

SHARED VOTING POWER -

 

51,592,871

  9  

SOLE DISPOSITIVE POWER -

 

0

  10  

SHARED DISPOSITIVE POWER -

 

51,592,871

11  

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

 

51,592,871

12  

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES     ¨

 

13  

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)

 

47.22%

14  

TYPE OF REPORTING PERSON

 

OO

             

 

 

2
 

 

 

 

CUSIP No.: 292758208

 

1  

NAME OF REPORTING PERSON

S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON

 

West Coast Asset Management, Inc.

2  

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP

(a)  ¨        (b)  ¨

 

3  

SEC USE ONLY

 

4  

SOURCE OF FUNDS

 

AF

5  

CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) or 2(e)     ¨

 

6  

CITIZENSHIP OR PLACE OF ORGANIZATION

 

California

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

  7  

SOLE VOTING POWER -

 

0

  8  

SHARED VOTING POWER -

 

51,592,871

  9  

SOLE DISPOSITIVE POWER -

 

0

  10  

SHARED DISPOSITIVE POWER -

 

51,592,871

11  

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

 

51,592,871

12  

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES     ¨

  

13  

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)

 

47.22%

14  

TYPE OF REPORTING PERSON

 

CO, IA    

             

 

 

 

3
 

 

 

CUSIP No.: 292758208

 

1  

NAME OF REPORTING PERSON

S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON

 

R. Atticus Lowe

2  

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP

(a)  ¨        (b)  ¨

 

3  

SEC USE ONLY

 

4  

SOURCE OF FUNDS

 

AF

5  

CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) or 2(e)     ¨

 

6  

CITIZENSHIP OR PLACE OF ORGANIZATION

 

United States

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

  7  

SOLE VOTING POWER -

 

128,585

  8  

SHARED VOTING POWER -

 

51,592,871

  9  

SOLE DISPOSITIVE POWER -

 

0

  10  

SHARED DISPOSITIVE POWER -

 

51,592,871

11  

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

 

51,721,456

12  

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES     ¨

 

13  

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)

 

47.34%

14  

TYPE OF REPORTING PERSON

 

IN, HC    

             

  

 

4
 

 

 

CUSIP No.: 292758208

 

 

NAME OF REPORTING PERSON

S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON

 

Lance W. Helfert

2  

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP

(a)  ¨        (b)  ¨

 

3  

SEC USE ONLY

 

4  

SOURCE OF FUNDS

 

AF

5  

CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) or 2(e)     ¨

 

6  

CITIZENSHIP OR PLACE OF ORGANIZATION

 

United States

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

  7  

SOLE VOTING POWER -

 

201,999

  8  

SHARED VOTING POWER -

 

51,592,871

  9  

SOLE DISPOSITIVE POWER -

 

201,999    

  10  

SHARED DISPOSITIVE POWER -

 

51,592,871

11  

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

 

51,794,870

12  

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES     ¨

 

13  

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)

 

47.40%

14  

TYPE OF REPORTING PERSON

 

IN, HC    

             

 

 

 

5
 

 

 

The following constitutes Amendment No. 12 to the Schedule 13D filed by the Reporting Persons to reflect a change in percentage of interest held by Reporting Persons. All other Items are unchanged.

 

ITEM 5.INTEREST IN SECURITIES OF ISSUER

 

(a)As a result of certain relationships, each of the Reporting Persons may be deemed to directly and/or indirectly beneficially own 51,592,871 share of common stock, representing in the aggregate approximately 47.22% of Issuer's outstanding shares of common stock, based upon 109,254,045 shares of common stock issued and outstanding as of March 14, 2014.

 

Due to their relationship with each other, the Reporting Persons may be deemed to constitute a "group" under Section 13(d)(3) of the Securities and Exchange Act of 1934, as amended (the "Act"), with respect to their beneficial ownership of the shares of common stock. The Reporting Persons, however, expressly disclaim such status and declare that the filing on this Schedule 13D is not and should not be deemed an admission that any Reporting Person, for purposes of Section 13(d)(3) of the Act or otherwise, is the beneficial owner of the shares of common stock held by any other Reporting Person.

 

 

(b)

Reporting Person  No. of Shares with sole voting and dispositive power   No. of Shares with Shared Voting and Dispositive Power   Percentage of Class Beneficially Owned 
             
West Coast Opportunity Fund, LLC   51,592,871    -0-    47.22%
West Coast Asset Management, Inc.        51,592,871    47.22%
R. Atticus Lowe   128,585    51,721,456    47.34%
Lance Helfert   201,999    51,794,870    47.40%

 

(c)West Coast Opportunity Fund, LLC, assigned 1,225,000 shares of common stock to former directors and employees of Black Raven Energy, Inc., as reward for services rendered and employment retention through the merger transaction with Issuer.

 

(d)No other persons have the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, the common stock.

 

(e)Not Applicable.

 

  ITEM 7. Material to be Filed as Exhibits.

  

  Exhibit No. Description
  Exhibit A Joint Filing Agreement dated May 6, 2014.
  Exhibit B Power of Attorney dated May 6, 2014.

 

6
 

 

  

SIGNATURE

 

After reasonable inquiry and to the best of its knowledge and belief, the undersigned each certifies that the information with respect to it set forth in this Statement is true, complete and correct.

 

Dated: May 6, 2014.

 

       
WEST COAST OPPORTUNITY FUND, LLC  
WEST COAST ASSET MANAGEMENT, INC.  
R. ATTICUS LOWE  
LANCE W. HELFERT  
   
     
By:  

/s/   Lance W. Helfert 

 
Name   Lance W. Helfert  
Title:   President of the Managing Member (for itself and as the Managing Member of the Fund) and Attorney-in-fact for each of the Principals  

 


7
 

 

EXHIBIT INDEX

Exhibit A – Joint Filing Agreement dated May 6, 2014.

 

Exhibit B – Power of Attorney dated May 6, 2014.

 

8
 

 

EXHIBIT A

 

JOINT FILING AGREEMENT

 

The undersigned hereby agree that the statement on Schedule 13D with respect to the Common Stock, $0.001 par value, of EnerJex Resources, Inc. is, and any amendments thereto signed by each of the undersigned shall be, filed pursuant to and in accordance with the provisions of Rule 13(d)-1(k) under the Securities Exchange Act of 1934, as amended.

Dated: May 6, 2014.

 

       
WEST COAST OPPORTUNITY FUND, LLC  
WEST COAST ASSET MANAGEMENT, INC.  
R. ATTICUS LOWE  
LANCE W. HELFERT  
   
     
By:  

/s/   Lance W. Helfert

 
Name   Lance W. Helfert  
Title:   President of the Managing Member (for itself and as the Managing Member of the Fund) and Attorney-in-fact for each of the Principals  

 


9
 

 

EXHIBIT B

 

POWER OF ATTORNEY

 

BE IT KNOWN, that the undersigned Lance W. Helfert, and R. Atticus Lowe, hereby each constitutes and appoints Lance W. Helfert and R. Atticus Lowe, and each of them, as applicable, as true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution in name, place and stead, to sign any reports on Form 3 (Initial Statement of Beneficial Ownership of Securities), Form 4 (Statement of Changes in Beneficial Ownership of Securities) and Form 5 (Annual Statement of Beneficial Ownership of Securities) relating to transactions by the undersigned in Common Shares or other securities and all amendments thereto, and all filings on Schedule 13D or Schedule 13G, and all amendments thereto, and to file the same, with the Securities and Exchange Commission and the appropriate securities exchange, granting unto said attorneys-in-fact and agents, and each of them, or their substitutes, full power and authority to do and perform each and every act and thing requisite or necessary to be done in and about the premises, as fully to all intents and purposes as the undersigned might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, and each of them, or their substitutes, may lawfully do or cause to be done by virtue hereof.

 

This Power of Attorney shall be effective until such time as the undersigned delivers a written revocation thereof to the above-named attorneys-in-fact and agents.

 

The undersigned each acknowledge that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934.

 

         
     
Dated: May 6, 2014      

/s/    Lance W. Helfert

        Lance W. Helfert
     
Dated: May 6, 2014      

/s/    R. Atticus Lowe

        R. Atticus Lowe

 

10