SEC Comment Letter for NCR Voyix Corp (VYX, NCRRP) (CIK 0000070866) (VYX) — Aug 2, 2010
NCR Voyix Corp (VYX, NCRRP) (CIK 0000070866)
Date: Aug. 2, 2010 · CIK: 0000070866 · Accession: 0000000000-10-043509
AI Filing Summary & Sentiment
File numbers found in text: 001-00395
Letter
July 30, 2010 Robert Fishman, CFO NCR Corporation 3097 Satellite Boulevard Duluth, GA 30096 Re: NCR Corporation Form 10-K for the Fiscal Ended December 31, 2009 Filed February 26, 2010 File No. 001-00395
Dear Mr. Fishman: We have reviewed your response letter date d June 24, 2010 in connection with the above referenced filing and have the following comment. In our comment, we may ask you to provide us with information so we may better understand your disclosure. Please respond to this letter within ten business days by amending your filing, by providing the requested information, or by advi sing us when you will provide the requested response. If you do not believe our comment applies to your fact s and circumstances or do not believe an amendment is appropriate, pl ease tell us why in your response. After reviewing any amendment to your filing and the information you provide in response to this comment, we may have additional comments. Form 10-K for the Fiscal Year Ended December 31, 2009
Item 15. Exhibits, Financial Statement Schedules, page 93
1. We have reviewed the letter agreement w ith Mr. Dorsman that you provided to us supplementally, and it appears that the agreement is a “management contract” for purposes of Item 601(b)(10)(iii)(A) of Regula tion S-K because, in pa rt, it specifies the compensation and benefits Mr. Dorsman is to receive in connection with his employment with your company. However, we note th e statement in your April 12, 2010 response letter that the agreement “does not include any ongoing compensation-related commitments or other obligations currentl y binding on the Company.” Please clarify whether your letter agreement with Mr. Dorsma n was in effect during 2009. If it was, please file the agreement as an exhibit. If it was not, please reconcile that fact with the statement on page 34 of your definitive pr oxy statement that “[d]uring 2009, our Named Executive Officers were covered by lette r agreements with the Company.”
Robert Fishman NCR Corporation July 30, 2010 Page 2
Please contact Matthew Crispino, Staff Attorn ey, at (202) 551-3456 with any questions about our comment. If you have questions regarding the financial statements and related matters, please contact David Edgar, St aff Accountant, at (202) 551-3 459 or me at (202) 551-3406.
Sincerely,
Patrick Gilmore Accounting Branch Chief
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July 30, 2010 Robert Fishman, CFO NCR Corporation 3097 Satellite Boulevard Duluth, GA 30096 Re: NCR Corporation Form 10-K for the Fiscal Ended December 31, 2009 Filed February 26, 2010 File No. 001-00395 Dear Mr. Fishman: We have reviewed your response letter date d June 24, 2010 in connection with the above referenced filing and have the following comment. In our comment, we may ask you to provide us with information so we may better understand your disclosure. Please respond to this letter within ten business days by amending your filing, by providing the requested information, or by advi sing us when you will provide the requested response. If you do not believe our comment applies to your fact s and circumstances or do not believe an amendment is appropriate, pl ease tell us why in your response. After reviewing any amendment to your filing and the information you provide in response to this comment, we may have additional comments. Form 10-K for the Fiscal Year Ended December 31, 2009 Item 15. Exhibits, Financial Statement Schedules, page 93 1. We have reviewed the letter agreement w ith Mr. Dorsman that you provided to us supplementally, and it appears that the agreement is a “management contract” for purposes of Item 601(b)(10)(iii)(A) of Regula tion S-K because, in pa rt, it specifies the compensation and benefits Mr. Dorsman is to receive in connection with his employment with your company. However, we note th e statement in your April 12, 2010 response letter that the agreement “does not include any ongoing compensation-related commitments or other obligations currentl y binding on the Company.” Please clarify whether your letter agreement with Mr. Dorsma n was in effect during 2009. If it was, please file the agreement as an exhibit. If it was not, please reconcile that fact with the statement on page 34 of your definitive pr oxy statement that “[d]uring 2009, our Named Executive Officers were covered by lette r agreements with the Company.” Robert Fishman NCR Corporation July 30, 2010 Page 2 Please contact Matthew Crispino, Staff Attorn ey, at (202) 551-3456 with any questions about our comment. If you have questions regarding the financial statements and related matters, please contact David Edgar, St aff Accountant, at (202) 551-3 459 or me at (202) 551-3406. Sincerely, Patrick Gilmore Accounting Branch Chief