SEC Company Response from BNB PLUS CORP. (BNBX) (CIK 0000744452) (BNBX) — Dec 4, 2007
BNB PLUS CORP. (BNBX) (CIK 0000744452)
Date: Dec. 4, 2007 · CIK: 0000744452 · Accession: 0001188112-07-003525
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 333-122848
Referenced dates: October 10, 2007
Letter
VIA EDGAR AND FEDERAL EXPRESS Division of Corporation Finance Applied DNA Sciences, Inc. Registration Statement on Form SB-2 Filed January 15, 2005 File No. 333-122848
Dear Mr. Riedler:
On behalf of Applied DNA Sciences, Inc. (the “Company”), in response to the Staff’s comment letter dated October 10, 2007 (the “Comment Letter”) in connection with Amendment No. 8 to the Company’s above-referenced Registration Statement on Form SB-2 (the “Registration Statement”), we hereby submit proposed changes to the financial statements for your review. We do not intend to file an Amendment No. 9 to the Registration Statement until the Company’s responses to the Comment Letter have been approved. We hope this approach is satisfactory.
All responses to the comments set forth in this letter are submitted on behalf of the Company at its request. All responses to the accounting comments were prepared by the Company in consultation with its independent auditors. The following numbered paragraphs repeat the comments in the Comment Letter for your convenience, followed by the Company’s responses to those comments. We are providing drafts of Amendment No. 1 to the Annual Report on Form 10-KSB for the fiscal year ended September 30, 2006, Amendment No. 1 to the Quarterly Report on Form 10-QSB for the period ended June 30, 2007 and Amendment No. 2 to the Quarterly Report on Form 10-QSB for the period ended June 30, 2006, in each case both a clean and a marked copy against the prior filing, which reflect proposed final changes made by the Company in response to the comment and review process in connection with the filing of the Registration Statement.
Austin · Beijing · Dallas · Denver · Dubai · Hong Kong · Houston · London · Los Angeles · Minneapolis
Munich · New York · Riyadh · San Antonio · St. Louis · Washington DC
Mr. Jeffrey P. Riedler
U.S. Securities and Exchange Commission
Division of Corporation Finance
December 3, 2007
Page
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 resulting 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 applicable. Additionally, please refer to Item 310(g) of Regulation S-B and provide updated audited financial statements for the years ended September 30, 2006 and 2005, as well as unaudited interim financial statements and related information for the period ended June 30, 2007.
Response: The Company has reviewed Item 310(g) of Regulation S-B and we agree to update the financial statements in our amended registration statements for the years ended September 30, 2006 and 2005, as well as include unaudited financial statements for the nine-month period ended June 30, 2007, prior to requesting effectiveness.
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 information as presented to us in your letters furnished via EDGAR on July 9, 2007 and September 26, 2007.
Response: A draft of Amendment No. 1 to the Company’s Form 10-Q for the period ended June 30, 2007 is being furnished herewith to provide the requested information.
Note J – Restatement of June 30, 2006 Quarterly Financial Statements, page F-48
2.
We acknowledge your response to comment 3. Please amend your June 30, 2006 Form 10-QSB to reflect the revised restatement information as presented to us in your letter furnished via EDGAR on July 9, 2007.
Response: A draft of Amendment No. 2 to the Company’s Form 10-Q for the period ended June 30, 2006 is being furnished herewith to provide the requested information.
Notes to (Audited) Consolidated Financial Statements (Restated)
Note M – Restatement of Financial Statements, page F-91
3.
We acknowledge your response to comment 4. Please amend your September 30, 2006 Form 10-KSB to reflect the revised restatement information as presented to us in your letter furnished via EDGAR on July 9, 2007.
Response: A draft of Amendment No. 1 to the Company’s Form 10-KSB for the period ended September 30, 2007 is being furnished herewith to provide the requested information.
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Mr. Jeffrey P. Riedler
U.S. Securities and Exchange Commission
Division of Corporation Finance
December 3, 2007
Page
If you have any additional comments or questions, please feel free to contact the undersigned at (212) 318-3261.
Very
truly yours,
/s/
Merrill M. Kraines
Show Raw Text
CORRESP
1
filename1.htm
t61170_corresp.htm
Fulbright
& Jaworski L.L.P.
A
Registered Limited Liability Partnership
666
Fifth
Avenue, 31st Floor
New
York,
New York 10103-3198
www.fulbright.com
mkraines@fulbright.com
telephone: (212)
318-3000
direct
dial: (212) 318-3261
facsimile: (212)
318-3400
December
3, 2007
VIA
EDGAR AND FEDERAL EXPRESS
Mr.
Jeffrey P. Riedler
Assistant
Director
U.S.
Securities and Exchange Commission
Division
of Corporation Finance
100
F
Street, N.E.
Mail
Stop
3561
Washington,
D.C. 20549-3561
Re:
Applied
DNA Sciences, Inc.
Registration
Statement on Form SB-2
Filed
January 15, 2005
File
No. 333-122848
Dear
Mr.
Riedler:
On
behalf
of Applied DNA Sciences, Inc. (the “Company”), in response to the Staff’s
comment letter dated October 10, 2007 (the “Comment Letter”) in
connection with Amendment No. 8 to the Company’s above-referenced Registration
Statement on Form SB-2 (the “Registration Statement”), we hereby submit
proposed changes to the financial statements for your review. We do
not intend to file an Amendment No. 9 to the Registration Statement until
the
Company’s responses to the Comment Letter have been approved. We hope
this approach is satisfactory.
All
responses to the comments set forth in this letter are submitted on behalf
of
the Company at its request. All responses to the accounting comments
were prepared by the Company in consultation with its independent
auditors. The following numbered paragraphs repeat the comments in
the Comment Letter for your convenience, followed by the Company’s responses to
those comments. We are providing drafts of Amendment No. 1 to the
Annual Report on Form 10-KSB for the fiscal year ended September 30, 2006,
Amendment No. 1 to the Quarterly Report on Form 10-QSB for the period ended
June
30, 2007 and Amendment No. 2 to the Quarterly Report on Form 10-QSB for the
period ended June 30, 2006, in each case both a clean and a marked copy against
the prior filing, which reflect proposed final changes made by the Company
in
response to the comment and review process in connection with the filing
of the
Registration Statement.
Austin
·
Beijing
·
Dallas
·
Denver
·
Dubai
·
Hong
Kong ·
Houston ·
London ·
Los Angeles ·
Minneapolis
Munich
·
New
York ·
Riyadh ·
San Antonio ·
St. Louis
·
Washington DC
Mr.
Jeffrey P. Riedler
U.S.
Securities and Exchange Commission
Division
of Corporation Finance
December
3, 2007
Page
2
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 resulting 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
applicable. Additionally, please refer to Item 310(g) of Regulation
S-B
and provide updated audited financial statements for the years
ended
September 30, 2006 and 2005, as well as unaudited interim financial
statements and related information for the period ended June
30,
2007.
Response: The
Company has reviewed Item 310(g) of Regulation S-B and we agree
to update
the financial statements in our amended registration statements
for the
years ended September 30, 2006 and 2005, as well as include unaudited
financial statements for the nine-month period ended June 30,
2007, prior
to requesting effectiveness.
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 information as presented
to
us in your letters furnished via EDGAR on July 9, 2007 and September
26,
2007.
Response: A
draft of Amendment No. 1 to the Company’s Form 10-Q for the period ended
June 30, 2007 is being furnished herewith to provide the requested
information.
Note
J
– Restatement of June 30, 2006 Quarterly Financial Statements, page
F-48
2.
We
acknowledge your response to comment 3. Please amend your June
30, 2006
Form 10-QSB to reflect the revised restatement information as presented
to
us in your letter furnished via EDGAR on July 9, 2007.
Response: A
draft of Amendment No. 2 to the Company’s Form 10-Q for the period ended
June 30, 2006 is being furnished herewith to provide the requested
information.
Notes
to (Audited) Consolidated Financial Statements (Restated)
Note
M
– Restatement of Financial Statements, page F-91
3.
We
acknowledge your response to comment 4. Please amend your September
30,
2006 Form 10-KSB to reflect the revised restatement information
as
presented to us in your letter furnished via EDGAR on July 9,
2007.
Response: A
draft of Amendment No. 1 to the Company’s Form 10-KSB for the period ended
September 30, 2007 is being furnished herewith to provide the requested
information.
-
2 -
Mr.
Jeffrey P. Riedler
U.S.
Securities and Exchange Commission
Division
of Corporation Finance
December
3, 2007
Page
3
If
you
have any additional comments or questions, please feel free to contact
the
undersigned at (212) 318-3261.
Very
truly yours,
/s/
Merrill M. Kraines
Merrill
M. Kraines
Enclosures
cc:
Mr.
John Krug, Senior Staff Attorney
Mary
Mast, Senior Accountant
Amy
Bruckner, Staff Accountant
James
A. Hayward, Applied DNA Sciences,
Inc.
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