SEC Company Response from Forward Industries, Inc. (FORD) (CIK 0000038264) (FWDI) — Jul 10, 2014
Forward Industries, Inc. (FORD) (CIK 0000038264)
Date: July 10, 2014 · CIK: 0000038264 · Accession: 0000921895-14-001522
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 001-34780
Referenced dates: July 2, 2014
Letter
Office of Mergers and Acquisitions United States Securities and Exchange Commission Division of Corporation Finance Soliciting Materials filed pursuant to Rule 14a-12 Responses to June 27, 2014 Comment Letter Filed July 1, 2014 File No. 001-34780
Dear Mr. Duchovny:
We acknowledge receipt of the comment letter of the Staff (the “Staff”) of the U.S. Securities and Exchange Commission (the “Commission”) dated July 2, 2014 (the “Staff Letter”) with regard to the above-referenced matter. We have reviewed the Staff Letter with our client, Forward Industries, Inc. (“Forward” or the “Company”), and we provide the following responses on Forward’s behalf. For ease of reference, the comments in the Staff Letter are reproduced in italicized form below.
1.
We disagree with your analysis as it relates to the first, second and fourth bullet points in comment 1 of our June 27, 2014 comment letter and we reissue the comment.
While Forward respectfully disagrees with the Staff’s comment, it will disclose the fiduciary duties with which any such nominees will need to comply when referring to any control gained by Mr. Wise.
* * * * *
The Staff is invited to contact the undersigned with any comments or questions it may have. We would appreciate your prompt advice as to whether the Staff has any further comments.
Sincerely,
/s/ Adam W. Finerman
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CORRESP
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O L S H A N
PARK AVENUE TOWER ● 65 EAST 55TH STREET ● NEW YORK, NEW YORK 10022
TELEPHONE: 212.451.2300 ● FACSIMILE: 212.451.2222
EMAIL: AFINERMAN@OLSHANLAW.COM
DIRECT DIAL: 212.451.2289
July 10, 2014
BY EDGAR AND ELECTRONIC MAIL
Daniel F. Duchovny, Esq.
Special Counsel
Office of Mergers and Acquisitions
United States Securities and Exchange Commission
Division of Corporation Finance
Mail Stop 3628
100 F Street, N.E.
Washington, D.C. 20549
Re:
Forward Industries, Inc.
Soliciting Materials filed pursuant to Rule 14a-12
Responses to June 27, 2014 Comment Letter
Filed July 1, 2014
File No. 001-34780
Dear Mr. Duchovny:
We acknowledge receipt of the comment letter of the Staff (the “Staff”) of the U.S. Securities and Exchange Commission (the “Commission”) dated July 2, 2014 (the “Staff Letter”) with regard to the above-referenced matter. We have reviewed the Staff Letter with our client, Forward Industries, Inc. (“Forward” or the “Company”), and we provide the following responses on Forward’s behalf. For ease of reference, the comments in the Staff Letter are reproduced in italicized form below.
1.
We disagree with your analysis as it relates to the first, second and fourth bullet points in comment 1 of our June 27, 2014 comment letter and we reissue the comment.
While Forward respectfully disagrees with the Staff’s comment, it will disclose the fiduciary duties with which any such nominees will need to comply when referring to any control gained by Mr. Wise.
* * * * *
The Staff is invited to contact the undersigned with any comments or questions it may have. We would appreciate your prompt advice as to whether the Staff has any further comments.
Sincerely,
/s/ Adam W. Finerman
Adam W. Finerman
cc:
Robert Garrett, Jr., Forward Industries, Inc.
Ron S. Berenblat, Olshan Frome Wolosky LLP
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