SEC Form 4
FORM 4 UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
1. Name and Address of Reporting Person*
Sekulski Gary

(Last) (First) (Middle)
C/O SELWAY CAPITAL ACQUISITION CORP
66 FORD ROAD, SUITE 230

(Street)
DENVILLE NJ 07834

(City) (State) (Zip)
2. Issuer Name and Ticker or Trading Symbol
Selway Capital Acquisition Corp. [ SWCAL ]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
X Director X 10% Owner
X Officer (give title below) Other (specify below)
See Remarks
3. Date of Earliest Transaction (Month/Day/Year)
06/25/2013
4. If Amendment, Date of Original Filed (Month/Day/Year)
6. Individual or Joint/Group Filing (Check Applicable Line)
X Form filed by One Reporting Person
Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1. Title of Security (Instr. 3) 2. Transaction Date (Month/Day/Year) 2A. Deemed Execution Date, if any (Month/Day/Year) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V Amount (A) or (D) Price
Series C Common Stock 06/25/2013 J 600,000 D $0.00(1) 780,000(2) D
Series C Common Stock 416,000(3) I By Gary Sekulski 2013 Grantor Trust(3)
Series C Common Stock 185,900(4) I By Morris Consulting(4)
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (Month/Day/Year) 3A. Deemed Execution Date, if any (Month/Day/Year) 4. Transaction Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 6. Date Exercisable and Expiration Date (Month/Day/Year) 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
Explanation of Responses:
1. On June 25, 2013, the Reporting Person entered into a rescission agreement with the Issuer for the cancellation of an aggregate of 600,000 shares of common stock issued to the Reporting Person on April 10, 2013.
2. Includes 78,000 shares that are subject to a share escrow agreement dated April 10, 2013 (the "Closing Payment Escrow Agreement"). Such shares will be held in escrow and subject to cancellation until April 10, 2014 to cover certain indemnification obligations made by Healthcare Corporation of America ("HCCA") to the Issuer pursuant to an Agreement and Plan of Merger dated January 25, 2013, by and among the Issuer, Selway Merger Sub Inc., HCCA, Prescription Corporation of America, a wholly owned subsidiary of HCCA, Gary Sekulski, as the representative of the stockholders of HCCA, and Edmundo Gonzalez, as the Issuer's representative.
3. The Reporting Person has voting and investment control over, and a pecuniary interest in, the 416,000 shares held by the Gary Sekulski 2013 Grantor Trust, of which 41,600 shares are subject to the Closing Payment Escrow Agreement, to be held in escrow and subject to cancellation until April 10, 2014.
4. The Reporting Person has voting and investment control over, and a pecuniary interest in, the 185,900 shares held by Morris Consulting, of which 18,590 shares are subject to the Closing Payment Escrow Agreement, to be held in escrow and subject to cancellation until April 10, 2014.
Remarks:
Chairman, President & Chief Executive Officer
/s/ Gary Sekulski 08/30/2013
** Signature of Reporting Person Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
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