SEC Company Response from BNB PLUS CORP. (BNBX) (CIK 0000744452) (BNBX) — Feb 29, 2008
BNB PLUS CORP. (BNBX) (CIK 0000744452)
Date: Feb. 29, 2008 · CIK: 0000744452 · Accession: 0001188112-08-000643
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 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 changes with respect to these reports in response to the comment and review process in connection with the filing of the Registration Statement. 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.
Mr. Jeffrey P. Riedler
U.S. Securities and Exchange Commission
Division of Corporation Finance
February 29, 2008
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 statement for the years ended September 30, 2007 and 2006, as well as include unaudited financial statements for the three-month period ended Decmber 31, 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: 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, 2005 Quarterly 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 information as presented to us in your letter furnished via EDGAR on July 9, 2007.
Response: 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: 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
February 29, 2008
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
t61849_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
February
29, 2008
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 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 changes with respect to these reports in response to the
comment and review process in connection with the filing of the Registration
Statement. 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.
Mr.
Jeffrey P. Riedler
U.S.
Securities and Exchange Commission
Division
of Corporation Finance
February
29, 2008
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 statement for the
years ended September 30, 2007 and 2006, as well as include unaudited
financial statements for the three-month period ended Decmber 31, 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: 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, 2005 Quarterly 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 information as presented to
us in your letter furnished via EDGAR on July 9, 2007.
Response: 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: 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
February
29, 2008
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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