SEC Comment Letter for DANA INC (DAN) (CIK 0000026780) (DAN) — Jul 21, 2011
DANA INC (DAN) (CIK 0000026780)
Date: July 21, 2011 · CIK: 0000026780 · Accession: 0000000000-11-044154
AI Filing Summary & Sentiment
Reasoning
Letter
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549
DIVISION OF CORPORATION FINANCE
July 20, 2011
By U.S. Mail and facsimile 419- 866-7259
Rodney R. Filcek Vice President Finance and Chief Acco unting Officer Dana Holding Corporation 6201 Trust Drive Holland, OH 43528 Re: Dana Holding Corporation. File No. 001- 01063 Dear M r. Filcek : In your letter s dated Ju ly 1 and 19, 2011, you request that staff waive the requirement to provide the S -X 3-09 financial statements for an equity method investee, GETRAG Corporation (“ Getrag ”) in the company’s 2010 Form 10- K. Getrag is significant to the company for the year ended December 31, 2010 at 20.4% based on the S-X Rules 3 -09 and 1- 02(w) income test. However, Getrag will no longer be significant to the 2010 financial statements after the company retrospectively reflects an increase in ownership in another investee from 4% to 50% in the 2010 financial statements. The investment in Getrag represent s only 1% of the company ’s total assets at December 31, 2010. Under the income test, Getrag was less than 1% significant to the company for 2008 and 2009, and is expected to be less than 5% significant to the company for 2011. The staff will not object if the company does not provide the financi al statements of Getrag in its 2010 Form 10 -K given the particular facts and circumstances described in your letters . In the event that Getrag is significant in fiscal 201 1, the c ompany’s 2011 Form 10- K should include the financial statements of Getrag sp ecified by S -X Rule 3 -09. The staff’s conclusion is based solely on the information provided in your letter s. Different or additional material facts could result in a different conclusion. If you have any questions concerning this letter, please call me at 202- 551-3511.
Sincerely,
Louise M. Dorsey
Associate Chief Accountant
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
DIVISION OF
CORPORATION FINANCE
July 20, 2011
By U.S. Mail and facsimile 419- 866-7259
Rodney R. Filcek
Vice President Finance and Chief Acco unting Officer
Dana Holding Corporation
6201 Trust Drive
Holland, OH 43528
Re: Dana Holding Corporation.
File No. 001- 01063
Dear M r. Filcek :
In your letter s dated Ju ly 1 and 19, 2011, you request that staff waive the
requirement to provide the S -X 3-09 financial statements for an equity method investee,
GETRAG Corporation (“ Getrag ”) in the company’s 2010 Form 10- K. Getrag is
significant to the company for the year ended December 31, 2010 at 20.4% based on the
S-X Rules 3 -09 and 1- 02(w) income test. However, Getrag will no longer be significant
to the 2010 financial statements after the company retrospectively reflects an increase in ownership in another investee from 4% to 50% in the 2010 financial statements. The
investment in Getrag represent s only 1% of the company ’s total assets at December 31,
2010. Under the income test, Getrag was less than 1% significant to the company for
2008 and 2009, and is expected to be less than 5% significant to the company for 2011.
The staff will not object if the company does not provide the financi al statements
of Getrag in its 2010 Form 10 -K given the particular facts and circumstances described in
your letters . In the event that Getrag is significant in fiscal 201 1, the c ompany’s 2011
Form 10- K should include the financial statements of Getrag sp ecified by S -X Rule 3 -09.
The staff’s conclusion is based solely on the information provided in your letter s.
Different or additional material facts could result in a different conclusion. If you have any questions concerning this letter, please call me at 202- 551-3511.
Sincerely,
Louise M. Dorsey
Associate Chief Accountant