SEC Comment Letter for QUANTUM (QMCO) — Jul 11, 2014
QUANTUM CORP /DE/ (QMCO) (CIK 0000709283)
Date: July 11, 2014 · CIK: 0000709283 · Accession: 0000000000-14-035148
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 001-13449
Referenced dates: July 3, 2014
Letter
July 11, 2014 Via E -mail Jon W. Gacek Chief Executive Officer Quantum Corporation 224 Airport Parkway, Suite 300 San Jose, CA 95110
Re: Quantum Corporation Revised Preliminary Proxy Statement on Schedule 14A Filed July 10 , 2014 File No. 001-13449
Dear Mr . Gacek :
We have reviewed your revised filing and response letter and have the following comments. Unless otherwise noted, references in this letter to prior comments refer to our letter dated July 3, 2014.
Proxy Card
1. We note your response to prior comment 10. If you are seeking discretionary authority to cumulate votes as contemplated by Item 6(c)(4 ) of Schedule 14A, you must indicate that in your proxy statement. If you continue to seek this authority , please at a minimum provide a direct means for security holders to withhold all authority to cumulate, other than by affirmatively calculating and s pecifying an equivalent number of votes for each of your nominees. Alternatively, please provide a detailed legal analysis, citing the authority upon which you rely under both state and federal law, supporting the proposition that you may obtain this auth ority by proxy even if the security holder has done nothing to indicate that the security holder wishes to vote any shares cumulatively.
If you have questions or comments p lease contact Jeff Kauten, Staff Attorney, at (202) 551-3447 or the undersigned at (202) 551 -3457 .
Sincerely,
/s/ Maryse Mills -Apenteng
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July 11, 2014
Via E -mail
Jon W. Gacek
Chief Executive Officer
Quantum Corporation
224 Airport Parkway, Suite 300
San Jose, CA 95110
Re: Quantum Corporation
Revised Preliminary Proxy Statement on Schedule 14A
Filed July 10 , 2014
File No. 001-13449
Dear Mr . Gacek :
We have reviewed your revised filing and response letter and have the following
comments. Unless otherwise noted, references in this letter to prior comments refer to our letter
dated July 3, 2014.
Proxy Card
1. We note your response to prior comment 10. If you are seeking discretionary authority to
cumulate votes as contemplated by Item 6(c)(4 ) of Schedule 14A, you must indicate that
in your proxy statement. If you continue to seek this authority , please at a minimum
provide a direct means for security holders to withhold all authority to cumulate, other
than by affirmatively calculating and s pecifying an equivalent number of votes for each
of your nominees. Alternatively, please provide a detailed legal analysis, citing the
authority upon which you rely under both state and federal law, supporting the
proposition that you may obtain this auth ority by proxy even if the security holder has
done nothing to indicate that the security holder wishes to vote any shares cumulatively.
If you have questions or comments p lease contact Jeff Kauten, Staff Attorney, at (202)
551-3447 or the undersigned at (202) 551 -3457 .
Sincerely,
/s/ Maryse Mills -Apenteng
Maryse Mills -Apenteng
Special Counsel
cc: Via E -mail
Warren de Wied
Wilson Sonsini Goodrich & Rosati