SEC Comment Letter for BNB PLUS CORP. (BNBX) (CIK 0000744452) (BNBX) — Oct 10, 2007
BNB PLUS CORP. (BNBX) (CIK 0000744452)
Date: Oct. 10, 2007 · CIK: 0000744452 · Accession: 0000000000-07-049403
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 333-122848
Letter
Mail Stop 6010 Via Facsimile and U.S. Mail October 10, 2007 Mr. James Hayward Chief Executive Officer Applied DNA Sciences, Inc. 25 Health Sciences Drive, Suite 113 Stony Brook, NY 10532 Re: Applied DNA Sciences, Inc. Amendment No. 8 to Registrati on Statement on Form SB-2 Filed November 13, 2006 File No. 333-122848
Dear Mr. Hayward: We have reviewed your filings and most re cent response letter furnished via EDGAR on September 26, 2007 and have the following commen ts. Where indicated, we think you should revise your documents in response to these comme nts. If you disagree, we will consider your explanation as to why our comment is inapplicab le or a revision is unnecessary. Please be as detailed as necessary in your e xplanation. After review ing this information, we may or may not raise additional comments. Please understand that the purpose of our re view process is to assist you in your compliance with the applicable disclosure requir ements and to enhance the overall disclosure in your filing. We look forward to working with you in these respects. We welcome any questions you may have about our comments or on any other aspe ct of our review. Feel free to call us at the telephone numbers listed at the end of this letter.
Amendment No. 8 to Registration Statement on Form SB-2
General 1. We acknowledge your response to comment 1. Please amend your registration statement on Form SB-2 to reflect the revisions resu lting from our comment letters dated 5/1/06; 12/13/06; 1/25/07; 3/13/07; 5/24/ 07; and 8/28/07, as applicab le. Additionally, please refer to Item 310(g) of Regulation S-B and provide updated audited financial statements for
Mr. James Hayward Applied DNA Sciences, Inc. October 10, 2007 Page 2
the years ended September 30, 2006 and 2005, as well as unaudited interim financial statements and related informati on for the period ended June 30, 2007. Notes to Condensed Consolidated Financial Information
Note I – Restatement of Quarterly Financial Statements, page F-45
2. We acknowledge your response to comment 2. Please amend your June 30, 2007 Form 10-QSB to reflect the revised restatement info rmation as presented to us in your letters furnished via EDGAR on July 9, 2007 and September 26, 2007. Note J- Restatement of June 30, 2005 Quar terly Financial Statements, page F-48
3. We acknowledge your response to comment 3. Please amend your June 30, 2006 Form 10-QSB to reflect the revised restatement info rmation as presented to us in your letter furnished via EDGAR on July 9, 2007. Notes to (Audited) Consolidated Financial Statements (Restated)
Note M – Restatement of Financial Statements, page F-91
4. We acknowledge your response to comment 4. Please amend your September 30, 2006 Form 10-KSB to reflect the revised restatemen t information as presented to us in your letter furnished via EDGAR on July 9, 2007.
* * * * * As appropriate, please amend your filings in response to these comments. You may wish to provide us with marked copies of the amendm ents to expedite our review. Please furnish a cover letter with your amendments that keys your responses to our comments and provides any requested supplemental information. Detailed cove r letters greatly facilita te our review. Please understand that we may have additional comm ents after reviewing your amendments and responses to our comments. We direct your attention to Rules 460 and 461 regarding requesting acceleration of a registration statement. Please a llow adequate time after the fili ng of any amendment for further review before submitting a request for acceleration. Please provide this request at least two business days in advance of the requested effective date.
Mr. James Hayward Applied DNA Sciences, Inc. October 10, 2007 Page 3
You may contact Amy Bruckner, Senior Staff Accountant, at (202) 551-3657 or Mary Mast, Senior Staff Accountant, at (202) 551-3613 if you have questions regarding comments on the financial statements and related matters. Pl ease contact John Krug, Seni or Staff Attorney, at (202) 551-3682 or me at (202) 551- 3715 with any other questions.
Sincerely,
Jeffrey P. Riedler
A s s i s t a n t D i r e c t o r cc: Joe Daniels, Esq.
Fulbright & Jaworski LLP 666 Fifth Avenue, 31
st Floor
New York, NY 10103-3198
Show Raw Text
Mail Stop 6010 Via Facsimile and U.S. Mail
October 10, 2007
Mr. James Hayward Chief Executive Officer Applied DNA Sciences, Inc. 25 Health Sciences Drive, Suite 113 Stony Brook, NY 10532
Re: Applied DNA Sciences, Inc.
Amendment No. 8 to Registrati on Statement on Form SB-2
Filed November 13, 2006 File No. 333-122848
Dear Mr. Hayward:
We have reviewed your filings and most re cent response letter furnished via EDGAR on
September 26, 2007 and have the following commen ts. Where indicated, we think you should
revise your documents in response to these comme nts. If you disagree, we will consider your
explanation as to why our comment is inapplicab le or a revision is unnecessary. Please be as
detailed as necessary in your e xplanation. After review ing this information, we may or may not
raise additional comments.
Please understand that the purpose of our re view process is to assist you in your
compliance with the applicable disclosure requir ements and to enhance the overall disclosure in
your filing. We look forward to working with you in these respects. We welcome any questions
you may have about our comments or on any other aspe ct of our review. Feel free to call us at
the telephone numbers listed at the end of this letter.
Amendment No. 8 to Registration Statement on Form SB-2
General
1. We acknowledge your response to comment 1. Please amend your registration statement
on Form SB-2 to reflect the revisions resu lting from our comment letters dated 5/1/06;
12/13/06; 1/25/07; 3/13/07; 5/24/ 07; and 8/28/07, as applicab le. Additionally, please refer
to Item 310(g) of Regulation S-B and provide updated audited financial statements for
Mr. James Hayward
Applied DNA Sciences, Inc.
October 10, 2007
Page 2
the years ended September 30, 2006 and 2005, as well as unaudited interim financial
statements and related informati on for the period ended June 30, 2007.
Notes to Condensed Consolidated Financial Information
Note I – Restatement of Quarterly Financial Statements, page F-45
2. We acknowledge your response to comment 2. Please amend your June 30, 2007 Form
10-QSB to reflect the revised restatement info rmation as presented to us in your letters
furnished via EDGAR on July 9, 2007 and September 26, 2007.
Note J- Restatement of June 30, 2005 Quar terly Financial Statements, page F-48
3. We acknowledge your response to comment 3. Please amend your June 30, 2006 Form
10-QSB to reflect the revised restatement info rmation as presented to us in your letter
furnished via EDGAR on July 9, 2007.
Notes to (Audited) Consolidated Financial Statements (Restated)
Note M – Restatement of Financial Statements, page F-91
4. We acknowledge your response to comment 4. Please amend your September 30, 2006
Form 10-KSB to reflect the revised restatemen t information as presented to us in your
letter furnished via EDGAR on July 9, 2007.
* * * * *
As appropriate, please amend your filings in response to these comments. You may wish
to provide us with marked copies of the amendm ents to expedite our review. Please furnish a
cover letter with your amendments that keys your responses to our comments and provides any
requested supplemental information. Detailed cove r letters greatly facilita te our review. Please
understand that we may have additional comm ents after reviewing your amendments and
responses to our comments. We direct your attention to Rules 460 and 461 regarding requesting acceleration of a
registration statement. Please a llow adequate time after the fili ng of any amendment for further
review before submitting a request for acceleration. Please provide this request at least two business days in advance of the requested effective date.
Mr. James Hayward
Applied DNA Sciences, Inc.
October 10, 2007
Page 3
You may contact Amy Bruckner, Senior Staff Accountant, at (202) 551-3657 or Mary
Mast, Senior Staff Accountant, at (202) 551-3613 if you have questions regarding comments on
the financial statements and related matters. Pl ease contact John Krug, Seni or Staff Attorney, at
(202) 551-3682 or me at (202) 551- 3715 with any other questions.
Sincerely,
Jeffrey P. Riedler
A s s i s t a n t D i r e c t o r cc: Joe Daniels, Esq.
Fulbright & Jaworski LLP 666 Fifth Avenue, 31
st Floor
New York, NY 10103-3198