SEC Comment Letter 0000000000-23-004307 to MYERS INDUSTRIES INC (MYE) (CIK 0000069488) (MYE)
MYERS INDUSTRIES INC (MYE) (CIK 0000069488)
Date: April 27, 2023 · CIK: 0000069488 · Accession: 0000000000-23-004307
AI Filing Summary & Sentiment
File numbers found in text: 001-08524
Letter
United States securities and exchange commission logo April 27, 2023 Monica Vinay Interim Chief Financial Officer MYERS INDUSTRIES INC 1293 S. Main Street Akron, Ohio 44301 Re:MYERS INDUSTRIES INC Form 10-K for Fiscal Year Ended December 31, 2022 Filed March 3, 2023 Form 8-K Filed March 1, 2023 File No. 001-08524 Dear Monica Vinay: We have limited our review of your filing to the financial statements and related disclosures and have the following comments. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. Please respond to these comments within ten business days by providing the requested information or advise us as soon as possible when you will respond. If you do not believe our comments apply to your facts and circumstances, please tell us why in your response. After reviewing your response to these comments, we may have additional comments. Form 8-K Filed March 1, 2023 Exhibit 99.1 1.Please expand your presentation of your non-GAAP measures to include a presentation, with equal or greater prominence, of the most directly comparable US GAAP measure as required by Item 10(e)(1)(i)(a) of Regulation S-K. In this regard, we note your inclusion of adjusted operating income margin at the consolidated and segment levels and adjusted EBITDA margin without also presenting operating income margin (at the consolidated and segment levels) and net income margin. Refer to the second and third bullets of Question 102.10(a) of the Compliance and Disclosure Interpretations on Non-GAAP Financial Measures for additional guidance. 2.Please provide reconciliations for adjusted EBITDA, adjusted income (loss) before taxes, adjusted net income (loss), and adjusted earnings per diluted share from the most directly
FirstName LastNameMonica Vinay Comapany NameMYERS INDUSTRIES INC April 27, 2023 Page 2 FirstName LastName Monica Vinay MYERS INDUSTRIES INC April 27, 2023 Page 2 comparable US GAAP measure as required by Item 10(e)(1)(i)(b) of Regulation S-K. Refer to Questions 103.02 and 104.03 of the Compliance and Disclosure Interpretations on Non-GAAP Financial Measures for additional guidance. In closing, we remind you that the company and its management are responsible for the accuracy and adequacy of their disclosures, notwithstanding any review, comments, action or absence of action by the staff. You may contact Tracey Houser at 202-551-3736 or Terence O'Brien at 202-551-3355 with any questions. Sincerely, Division of Corporation Finance Office of Industrial Applications and Services
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United States securities and exchange commission logo
April 27, 2023
Monica Vinay
Interim Chief Financial Officer
MYERS INDUSTRIES INC
1293 S. Main Street
Akron, Ohio 44301
Re:MYERS INDUSTRIES INC
Form 10-K for Fiscal Year Ended December 31, 2022
Filed March 3, 2023
Form 8-K Filed March 1, 2023
File No. 001-08524
Dear Monica Vinay:
We have limited our review of your filing to the financial statements and related
disclosures and have the following comments. In some of our comments, we may ask you to
provide us with information so we may better understand your disclosure.
Please respond to these comments within ten business days by providing the requested
information or advise us as soon as possible when you will respond. If you do not believe our
comments apply to your facts and circumstances, please tell us why in your response.
After reviewing your response to these comments, we may have additional comments.
Form 8-K Filed March 1, 2023
Exhibit 99.1
1.Please expand your presentation of your non-GAAP measures to include a presentation,
with equal or greater prominence, of the most directly comparable US GAAP measure as
required by Item 10(e)(1)(i)(a) of Regulation S-K. In this regard, we note your inclusion
of adjusted operating income margin at the consolidated and segment levels and adjusted
EBITDA margin without also presenting operating income margin (at the consolidated
and segment levels) and net income margin. Refer to the second and third bullets of
Question 102.10(a) of the Compliance and Disclosure Interpretations on Non-GAAP
Financial Measures for additional guidance.
2.Please provide reconciliations for adjusted EBITDA, adjusted income (loss) before taxes,
adjusted net income (loss), and adjusted earnings per diluted share from the most directly
FirstName LastNameMonica Vinay
Comapany NameMYERS INDUSTRIES INC
April 27, 2023 Page 2
FirstName LastName
Monica Vinay
MYERS INDUSTRIES INC
April 27, 2023
Page 2
comparable US GAAP measure as required by Item 10(e)(1)(i)(b) of Regulation S-K.
Refer to Questions 103.02 and 104.03 of the Compliance and Disclosure Interpretations
on Non-GAAP Financial Measures for additional guidance.
In closing, we remind you that the company and its management are responsible for the
accuracy and adequacy of their disclosures, notwithstanding any review, comments, action or
absence of action by the staff.
You may contact Tracey Houser at 202-551-3736 or Terence O'Brien at 202-551-3355
with any questions.
Sincerely,
Division of Corporation Finance
Office of Industrial Applications and
Services