-----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, BzP1qXT/cZ0vdUFsIyELNYZcnmb1jywD6073CscS8W0sSNRDiVfTjmC8XXm20pmE vRAsbsu3La8IdY/85PVH6A== 0000072971-09-001064.txt : 20091223 0000072971-09-001064.hdr.sgml : 20091223 20091223160558 ACCESSION NUMBER: 0000072971-09-001064 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20091223 DATE AS OF CHANGE: 20091223 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: WELLS FARGO & CO/MN CENTRAL INDEX KEY: 0000072971 STANDARD INDUSTRIAL CLASSIFICATION: NATIONAL COMMERCIAL BANKS [6021] IRS NUMBER: 410449260 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: 420 MONTGOMERY STREET CITY: SAN FRANCISCO STATE: CA ZIP: 94163 BUSINESS PHONE: 6126671234 MAIL ADDRESS: STREET 1: WELLS FARGO & COMPANY STREET 2: 420 MONTGOMERY STREET CITY: SAN FRANCISCO STATE: CA ZIP: 94163 FORMER COMPANY: FORMER CONFORMED NAME: NORWEST CORP DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: NORTHWEST BANCORPORATION DATE OF NAME CHANGE: 19830516 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: CUBIC ENERGY INC CENTRAL INDEX KEY: 0000319156 STANDARD INDUSTRIAL CLASSIFICATION: DRILLING OIL & GAS WELLS [1381] IRS NUMBER: 870352095 STATE OF INCORPORATION: TX FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-52119 FILM NUMBER: 091258192 BUSINESS ADDRESS: STREET 1: 9870 PLANO ROAD STREET 2: 9870 PLANO ROAD CITY: DALLAS STATE: TX ZIP: 75238 BUSINESS PHONE: 972-681-8047 MAIL ADDRESS: STREET 1: 9870 PLANO ROAD STREET 2: 9870 PLANO ROAD CITY: DALLAS STATE: TX ZIP: 75238 FORMER COMPANY: FORMER CONFORMED NAME: ROSELAND OIL & GAS INC DATE OF NAME CHANGE: 19931025 SC 13G/A 1 wf_cubicenerg-229675103.htm







UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

SCHEDULE 13G

Under the Securities Exchange Act of 1934
(Amendment No. 4)

Cubic Energy, Inc.

(Name of Issuer)

Common Stock, $0.05 par value

(Title of Class of Securities)

229675103

(CUSIP Number)

December 18, 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:

[X]Rule 13d-1(b)
[X]Rule 13d-1(c)
[]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).

 
CUSIP No. 229675103

Person 1
 1.(a) Names of Reporting Persons.
Wells Fargo and Company
 (b) Tax ID
41-0449260

 2.Check the Appropriate Box if a Member of a Group (See Instructions)
  (a)  []
  (b)  []

 3.SEC Use Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 4.Citizenship or Place of Organization   Delaware

Number of
Shares
Beneficially
Owned by
Each Reporting
Person With
5. Sole Voting Power 12,544,899

6.  Shared Voting Power 0

7. Sole Dispositive Power 12,544,899

8. Shared Dispositive Power 0


9.Aggregate Amount Beneficially Owned by Each Reporting Person 12,544,899


10.Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)


11. Percent of Class Represented by Amount in Row (9)  16.2 %


12. Type of Reporting Person (See Instructions)

HC

Item 1.
 (a)Name of Issuer
Cubic Energy, Inc.
 (b)Address of Issuer's Principal Executive Offices
  9870 Plano Road, Dallas, TX 75238
Item 2.
 (a)Name of Person Filing
Wells Fargo and Company
 (b)Address of Principal Business Office or, if none, Residence
420 Montgomery Street, San Francisco, CA 94104
 (c)Citizenship
Delaware
 (d)Title of Class of Securities
Common Stock, $0.05 par value
 (e)CUSIP Number
229675103
 
Item 3.If this statement is filed pursuant to 240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a:
(a) [ ] Broker or dealer registered under section 15 of the Act (15 U.S.C. 78c)
(b) [ ] Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c).
(c) [ ] Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c).
(d) [ ] Investment company registered under section 8 of the Investment Company Act of 1940
(15 U.S.C 80a-8).
(e) [ ] An investment adviser in accordance with 240.13d-1(b)(1)(ii)(E);
(f) [ ] An employee benefit plan or endowment fund in accordance with 240.13d-1(b)(1)(ii)(F);
(g) [X ] A parent holding company or control person in accordance with 240.13d-1(b)(1)(ii)(G);
(h) [ ] A savings associations as defined in Section 3(b) of the Federal Deposit Insurance Act
(12 U.S.C. 1813);
(i) [ ] A church plan that is excluded from the definition of an investment company under section
3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3);
(j) [ ] Group, in accordance with 240.13d-1(b)(1)(ii)(J).
 
Item 4.Ownership.
Provide the following information regarding the aggregate number and percentage of the class of securities of the issuer identified in Item 1.
  (a) Amount beneficially owned:  12,544,899
 (b) Percent of class:  16.2%
 (c)Number of shares as to which the person has:
  (i) Sole power to vote or to direct the vote 12,544,899
  (ii) Shared power to vote or to direct the vote  0
   (iii) Sole power to dispose or to direct the disposition of 12,544,899
   (iv) Shared power to dispose or to direct the disposition of 0
 

Person 2
 1.(a) Names of Reporting Persons.
Wells Fargo Energy Capital Inc
 (b) Tax ID
41-1847366

 2.Check the Appropriate Box if a Member of a Group (See Instructions)
  (a)  []
  (b)  []

 3.SEC Use Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 4.Citizenship or Place of Organization   Texas

Number of
Shares
Beneficially
Owned by
Each Reporting
Person With
5. Sole Voting Power 12,544,899

6.  Shared Voting Power 0

7. Sole Dispositive Power 12,544,899

8. Shared Dispositive Power 0


9.Aggregate Amount Beneficially Owned by Each Reporting Person 12,544,899


10.Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)


11. Percent of Class Represented by Amount in Row (9)  16.2 %


12. Type of Reporting Person (See Instructions)

IA

Item 1.
 (a)Name of Issuer
Cubic Energy, Inc.
 (b)Address of Issuer's Principal Executive Offices
  9870 Plano Road, Dallas, TX 75238
Item 2.
 (a)Name of Person Filing
Wells Fargo Energy Capital Inc
 (b)Address of Principal Business Office or, if none, Residence
Wells Fargo Center, Sixth & Marquette, Minneapolis, MN 55479
 (c)Citizenship
Texas
 (d)Title of Class of Securities
Common Stock, $0.05 par value
 (e)CUSIP Number
229675103
 
Item 3.If this statement is filed pursuant to 240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a:
(a) [ ] Broker or dealer registered under section 15 of the Act (15 U.S.C. 78c)
(b) [ ] Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c).
(c) [ ] Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c).
(d) [ ] Investment company registered under section 8 of the Investment Company Act of 1940
(15 U.S.C 80a-8).
(e) [ ] An investment adviser in accordance with 240.13d-1(b)(1)(ii)(E);
(f) [ ] An employee benefit plan or endowment fund in accordance with 240.13d-1(b)(1)(ii)(F);
(g) [ ] A parent holding company or control person in accordance with 240.13d-1(b)(1)(ii)(G);
(h) [ ] A savings associations as defined in Section 3(b) of the Federal Deposit Insurance Act
(12 U.S.C. 1813);
(i) [ ] A church plan that is excluded from the definition of an investment company under section
3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3);
(j) [ ] Group, in accordance with 240.13d-1(b)(1)(ii)(J).
 
Item 4.Ownership.
Provide the following information regarding the aggregate number and percentage of the class of securities of the issuer identified in Item 1.
  (a) Amount beneficially owned:  12,544,899
 (b) Percent of class:  16.2%
 (c)Number of shares as to which the person has:
  (i) Sole power to vote or to direct the vote 12,544,899
  (ii) Shared power to vote or to direct the vote  0
   (iii) Sole power to dispose or to direct the disposition of 12,544,899
   (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 five percent of the class of securities, check the following.[ ].
 
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 or Control Person.
See Exhibit B
Item 8. Identification and Classification of Members of the Group
Not applicable.
Item 9.Notice of Dissolution of Group
Not applicable.
Item 10.Certification
By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were acquired and are held in the ordinary course of business and 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.

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.

December 23, 2009
Date
/s/ Jane E. Washington
Signature
Jane E. Washington, VP Trust Operations
Name/Title
Exhibit A
EXPLANATORY NOTE

This Schedule 13G is filed by Wells Fargo & Company on its own behalf and on behalf of any subsidiaries listed in Exhibit B. Aggregate beneficial ownership reported by Wells Fargo & Company under Item 9 on page 2 is on a consolidated basis and includes any beneficial ownership separately reported herein by a subsidiary.
Exhibit B
The Schedule 13G to which this attachment is appended is filed by Wells Fargo & Company on behalf of the following subsidiaries:

Wells Fargo Energy Capital Inc (1)

(1) Classified as a registered investment advisor in accordance with Regulation 13d-1(b)(1)(ii)(E) and filing pursuant to Rule 13d-1(c).

Wells Fargo Energy Capital, Inc is the wholly-owned subsidiary of GST Co., whose only stockholder is Wells Fargo & Company.
Exhibit C
NOTES:
This Schedule 13G is filed by Wells Fargo & Company on its own behalf and on behalf of the subsidiaries listed below and in Exhibit B. Aggregate beneficial ownership reported by Wells Fargo & Company under Item 4 of this Schedule 13G is on a consolidated basis and includes any beneficial ownership separately reported herein by a subsidiary.

This Amendment No. 4 is filed to correct Amendment No. 2 dated February 5, 2009 filed on behalf of Wells Fargo & Company and Wells Fargo Energy Capital, Inc. and Amendment No. 3 (erroneously identified as Amendment No. 1) dated August 31, 2009 filed on behalf of Wells Fargo & Company. Amendment Nos. 2 and 3 erroneously stated that Wells Fargo & Company and Wells Fargo Energy Capital, Inc. beneficially owned -0- shares. Wells Fargo & Company, GST Co. and Wells Fargo Energy Capital, Inc. have continually been the beneficial owner of the 7,500,000 shares reported in Schedule 13G dated March 15, 2007 filed on behalf of Wells Fargo & Company, GST Co. and Wells Fargo Energy Capital, Inc. This Amendment No. 4 reports adjustments in the shares reported in Schedule 13G dated March 15, 2007 and Amendment No. 1 dated February 11, 2008 and an additional warrant recently acquired by Wells Fargo Energy Capital, Inc.

Regarding the 12,544,899 shares reported by Persons 1 and 2: 7,500,000 shares are issuable upon the exercise of warrants held by Wells Fargo Energy Capital, Inc. and 5,044,899 shares are issuable upon the conversion of a note held by Wells Fargo Energy Capital, Inc.

 

 

Attention:Intentional misstatements or omissions of fact constitute Federal criminal violations
(See 18 U.S.C. 1001)
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