0001085146-17-002133.txt : 20171027 0001085146-17-002133.hdr.sgml : 20171027 20171027164005 ACCESSION NUMBER: 0001085146-17-002133 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20171027 DATE AS OF CHANGE: 20171027 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: Ecoark Holdings, Inc. CENTRAL INDEX KEY: 0001437491 STANDARD INDUSTRIAL CLASSIFICATION: PLASTICS PRODUCTS, NEC [3089] IRS NUMBER: 000000000 STATE OF INCORPORATION: NV FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-85169 FILM NUMBER: 171159887 BUSINESS ADDRESS: STREET 1: 3333 PINNACLE HILLS PARKWAY, SUITE 220 CITY: ROGERS STATE: AR ZIP: 72758 BUSINESS PHONE: 479-259-2977 MAIL ADDRESS: STREET 1: 3333 PINNACLE HILLS PARKWAY, SUITE 220 CITY: ROGERS STATE: AR ZIP: 72758 FORMER COMPANY: FORMER CONFORMED NAME: Magnolia Solar Corp DATE OF NAME CHANGE: 20100107 FORMER COMPANY: FORMER CONFORMED NAME: Mobilis Relocation Services Inc. DATE OF NAME CHANGE: 20080612 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Nepsis Capital Management, Inc. CENTRAL INDEX KEY: 0001587643 IRS NUMBER: 411887702 STATE OF INCORPORATION: MN FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: 8692 EAGLE CREEK CIRCLE CITY: MINNEAPOLIS STATE: MN ZIP: 55378 BUSINESS PHONE: (952) 746-2003 MAIL ADDRESS: STREET 1: 8692 EAGLE CREEK CIRCLE CITY: MINNEAPOLIS STATE: MN ZIP: 55378 SC 13D/A 1 earka2_102717.htm NEPSIS CAPITAL MANAGEMENT, INC. earka2_102717.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13D
Under the Securities Exchange Act of 1934
(Amendment No. 2)*
Ecoark Holdings, Inc.
(Name of Issuer)
Common
(Title of Class of Securities)
27888N109
(CUSIP Number)
Mark Breneman
Corporate Counsel
Nepsis Capital Management, Inc.
8692 Eagle Creek Circle
Minneapolis, MN 55378
507-624-0180
(Name, Address and Telephone Number of Person Authorized to Receieve Notices and Communications)
October 27, 2017
(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 which is the subject of this Schedule 13D, and is filing this schedule because of 240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box. [X]
* 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 purposes of Section 18 of the Securities Exchange Act of 1934 (the 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 Instructions).
CUSIP No.: 27888N109
    
1
NAME OF REPORTING PERSON:
Nepsis Capital Management, Inc.
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
41-1887702
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
[   ] (a)
[X] (b)
3 SEC USE ONLY
 
4 SOURCE OF FUNDS:
OO
5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) OR 2(e)
[   ]
6 CITIZENSHIP OR PLACE OF ORGANIZATION
Minnesota, USA
NUMBER OF SHARES
BENEFICIALLY OWNED
BY EACH REPORTING
PERSON WITH 		7 SOLE VOTING POWER
0
8 SHARED VOTING POWER
0
9 SOLE DISPOSITIVE POWER
8,383,325
10 SHARED DISPOSITIVE POWER
0
11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
8,383,325
12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
[   ]
13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
19.96%
14 TYPE OF REPORTING PERSON
IA
CUSIP No.: 27888N109
ITEM 1. SECURITY AND ISSUER:
Ecoark Holdings, Inc. Common
3333 S. Pinnacle Hills Pkwy Suite 220
Rogers, AR 72758 USA
ITEM 2. IDENTITY AND BACKGROUND:
a. Nepsis Capital Management Inc.
b. 8692 Eagle Creek Circle Minneapolis, MN 55378
c. Registered Investment Advisor
d. N/A
e. N/A
f. USA
ITEM 3. SOURCE AND AMOUNT OF FUNDS OR OTHER CONSIDERATION:
Over the period of the last 60 days, Nepsis Capital Management, Inc., in its capacity as a RIA, used an aggregate of $14,266,954.59 of funds provided through the accounts of certain of its investment advisory clients to purchase the Securities reported as beneficially owned.
ITEM 4. PURPOSE OF TRANSACTION:
The Securities reported as beneficially owned in Item 5 were purchased by Nepsis Capital Management, Inc. in its capacity as a RIA on behalf of its investment advisory clients for investment purposes in the ordinary course of business.
a. Nepsis Capital Management, Inc. intends to make additional purchases in limited amounts as deemed appropriate by market conditions.
b. None
c. None
d. None
e. None
f. None
g. Nepsis Capital Management, Inc. has no interest in obtaining control of Ecoark Holdings, Inc.
h. Nepsis Capital Management, Inc. would likely reduce its position in Ecoark Holdings, Inc.
i. See (h.)
j. See (h.)
ITEM 5. INTEREST IN SECURITIES OF THE ISSUER:
a. The aggregate number of Securities to which this Schedule 13D relates is 8,383,325 shares, representing 19.96% of the 42,010,000 shares outstanding.
b. 8,383,325 shares
c.
Date Advisor Account Account Description Description
Date Symbol Type Price Total Shares
2/21/2017 EARK BUY 4.16 3797
2/22/2017 EARK BUY 4.16 17887
2/22/2017 EARK SELL $4.05 5,000
2/22/2017 EARK SELL $4.20 10,000
2/23/2017 EARK BUY 4.03 4290
2/24/2017 EARK BUY 4 997
2/24/2017 EARK BUY 3.85 6923
2/27/2017 EARK BUY 4.02 19950
2/27/2017 EARK BUY 4 3200
2/28/2017 EARK BUY 4.09 18469
2/28/2017 EARK SELL $4.10 100
3/1/2017 EARK BUY 4.2 2100
3/1/2017 EARK BUY 4.25 100
3/1/2017 EARK BUY 4.3 8675
3/1/2017 EARK BUY 4.44 19253
3/1/2017 EARK BUY 4.48 11000
3/1/2017 EARK BUY 4.57 100
3/1/2017 EARK BUY 4.5 9800
3/1/2017 EARK SELL $4.48 10,000
3/2/2017 EARK BUY 4.74 2498
3/2/2017 EARK BUY 4.63 4100
3/2/2017 EARK BUY 4.57 1900
3/2/2017 EARK BUY 4.65 500
3/3/2017 EARK BUY 4.67 8744
3/3/2017 EARK BUY 4.65 2215
3/6/2017 EARK BUY 4.56 4642
3/6/2017 EARK BUY 4.74 3422
3/6/2017 EARK BUY 4.53 600
3/6/2017 EARK BUY 4.55 1318
3/6/2017 EARK BUY 4.5 1000
3/6/2017 EARK BUY 4.2 500
3/6/2017 EARK BUY 4.15 500
3/6/2017 EARK BUY 4.1 600
3/6/2017 EARK BUY 4.25 782
3/6/2017 EARK BUY 4.54 500
3/6/2017 EARK BUY 4.59 500
3/6/2017 EARK BUY 4.6 400
3/6/2017 EARK BUY 4.7 500
3/6/2017 EARK BUY 4.72 2000
3/7/2017 EARK BUY 5.04 72319
3/7/2017 EARK BUY 5.1 9175
3/7/2017 EARK BUY 5.23 3872
3/7/2017 EARK BUY 5.09 800
3/7/2017 EARK BUY 4.67 8
3/7/2017 EARK BUY 5.22 1000
3/7/2017 EARK BUY 5.2 800
3/7/2017 EARK SELL $5.05 100
3/7/2017 EARK SELL $5.00 4,900
3/7/2017 EARK SELL $5.04 1,438
3/7/2017 EARK SELL $5.04 1,135
3/7/2017 EARK SELL $5.00 300
3/8/2017 EARK BUY 5.89 192293
3/8/2017 EARK BUY 5.8 38618
3/9/2017 EARK BUY 6.28 12049
3/9/2017 EARK BUY 6.39 121735
3/9/2017 EARK BUY 6.5 900
3/9/2017 EARK BUY 5.04 4670
3/9/2017 EARK SELL $6.30 11
3/10/2017 EARK BUY 7.37 111795
3/10/2017 EARK BUY 7.43 13148
3/13/2017 EARK BUY 7.65 73973
3/13/2017 EARK BUY 7.52 1000
3/14/2017 EARK BUY 5.9 153597
3/15/2017 EARK BUY 5.56 180919
3/15/2017 EARK BUY 4.91 93550
3/15/2017 EARK SELL $5.90 876
3/16/2017 EARK BUY 4.99 55881
3/16/2017 EARK BUY 5 68355
3/16/2017 EARK SELL $4.95 762
3/17/2017 EARK BUY 5.01 57878
3/17/2017 EARK BUY 5 5000
3/17/2017 EARK SELL $4.95 900
3/20/2017 EARK BUY 4.99 102206
3/20/2017 EARK SELL $5.00 200
3/21/2017 EARK BUY 5 49883
3/22/2017 EARK BUY 4.94 140583
3/22/2017 EARK BUY 4.88 68
3/22/2017 EARK BUY 5.04 1
3/22/2017 EARK SELL $4.81 1,950
3/22/2017 EARK SELL $5.00 2,050
3/22/2017 EARK SELL $4.85 23
3/23/2017 EARK BUY 4.81 9118
3/23/2017 EARK SELL $4.56 566
3/23/2017 EARK SELL $4.82 230
3/23/2017 EARK SELL $4.56 1,351
3/23/2017 EARK SELL $4.56 1,837
3/23/2017 EARK SELL $4.56 1,587
3/24/2017 EARK BUY 4.83 34833
3/24/2017 EARK SELL $4.65 2
3/27/2017 EARK BUY 4.48 18448
3/28/2017 EARK BUY 4.41 84960
3/28/2017 EARK BUY 4.4 4
3/28/2017 EARK SELL $4.45 44
3/28/2017 EARK SELL $4.41 2,620
3/28/2017 EARK SELL $4.41 446
3/29/2017 EARK BUY 4.59 121196
3/29/2017 EARK BUY 4.57 20455
3/29/2017 EARK BUY 4.5 10
3/29/2017 EARK SELL $4.59 2,650
3/30/2017 EARK BUY 4.5 20000
3/30/2017 EARK BUY 4.41 19620
3/30/2017 EARK BUY 4.59 3294
3/30/2017 EARK BUY 4.57 3843
3/30/2017 EARK SELL $4.40 10,000
3/31/2017 EARK BUY 4.73 125636
3/31/2017 EARK BUY 4.65 12908
3/31/2017 EARK BUY 7.37 12210
4/3/2017 EARK BUY 4.45 1000
4/3/2017 EARK BUY 4.5 465
4/3/2017 EARK BUY 4.3 8
4/3/2017 EARK SELL $4.27 271
4/3/2017 EARK SELL $4.40 5,000
4/3/2017 EARK SELL $4.25 2,970
4/3/2017 EARK SELL $4.30 3,000
4/4/2017 EARK BUY 4.54 103058
4/4/2017 EARK BUY 4.46 18817
4/4/2017 EARK SELL $4.43 200
4/5/2017 EARK BUY 4.45 2294
4/5/2017 EARK BUY 4.59 74
4/5/2017 EARK BUY 4.49 4670
4/5/2017 EARK BUY 4.54 149
4/5/2017 EARK SELL $4.45 805
4/6/2017 EARK BUY 4.63 2900
4/6/2017 EARK BUY 4.69 55450
4/6/2017 EARK BUY 4.7 12100
4/6/2017 EARK BUY 4.6 873
4/6/2017 EARK SELL $4.65 587
4/6/2017 EARK SELL $4.67 431
4/7/2017 EARK BUY 4.72 75127
4/10/2017 EARK BUY 4.92 96250
4/10/2017 EARK BUY 5 400
4/11/2017 EARK BUY 5.06 50300
4/11/2017 EARK BUY 5.1 81
4/11/2017 EARK BUY 5.15 836
4/11/2017 EARK SELL $5.00 52
4/12/2017 EARK BUY 4.99 2000
4/12/2017 EARK BUY 4.98 16600
4/12/2017 EARK BUY 4.92 395
4/12/2017 EARK BUY 5 2170
4/12/2017 EARK SELL $4.80 1,296
4/13/2017 EARK BUY 5.07 7900
4/13/2017 EARK BUY 4.99 301
4/13/2017 EARK SELL $4.85 89
4/13/2017 EARK SELL $4.70 1
4/13/2017 EARK SELL $4.85 546
4/17/2017 EARK BUY 4.59 6200
4/17/2017 EARK BUY 4.57 7100
4/17/2017 EARK SELL $4.50 2,245
4/18/2017 EARK BUY 4.43 15100
4/18/2017 EARK BUY 4.59 2390
4/18/2017 EARK BUY 4.58 1122
4/18/2017 EARK BUY 4.5 10000
d.N/A
e.N/A
ITEM 6. CONTRACTS, ARRANGEMENTS, UNDERSTANDINGS OR RELATIONSHIPS WITH RESPECT TO SECURITIES OF THE ISSUER:
None
ITEM 7. MATERIALS TO BE FILES AS EXHIBITS:
None
CUSIP No.: 27888N109
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.
October 27 2017
Nepsis Capital Management, Inc.
By:
/s/ Mark W. Pearson
Name:
Mark W. Pearson
Title:
CIO & President
Attention — Intentional misstatements or omissions of fact constitute Federal criminal violations (See 18 U.S.C. 1001).