SEC Comment Letter for ROSS STORES, INC. (ROST) (CIK 0000745732) (ROST) — Apr 15, 2010
ROSS STORES, INC. (ROST) (CIK 0000745732)
Date: April 15, 2010 · CIK: 0000745732 · Accession: 0000000000-10-020683
AI Filing Summary & Sentiment
Reasoning
Letter
Mail Stop 3561 April 15, 2010 Michael Balmuth, Chief Executive Officer Ross Stores, Inc. 4440 Rosewood Drive Pleasanton, California 94588-3050 RE: Ross Stores, Inc. Form 10-K FYE January 30, 2010 Filed March 30, 2010 File No. 0-14678
Dear Mr. Balmuth: We have reviewed your filing and have the following comments. Where indicated, we think you should file the requ ested documents in your next peri odic report in response to these comments. If you disagree, we will cons ider your explanation as to why our comments are inapplicable. Please be as detailed as necessary in your explanat ion. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. After reviewing this inform ation, we may raise additional comments. Please understand that the purpose of our re view process is to assist you in your compliance with the applicable disclosure requ irements 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 any other aspect of our review. Feel free to call us at the telephone numbers liste d at the end of this letter. Exhibits
1. It appears that exhib its 10.34, 10.36, 10.48, 10.54, 10.59, 10.60, 10.64, 10.65, 10.68, 10.71, and 10.72 have not been filed in their en tirety. In your next periodic report, please file these exhibits in their entirety.
2. We note the $600 million revolving credit facility referenced on page 26 and elsewhere in the Form 10-K. Please explai n why the agreement has not been filed as an exhibit.
Michael Balmuth Ross Stores, Inc. April 15, 2010 Page 2 Closing Comments
Please respond to these comments within 10 business days or tell us when you will provide us with a response. Please furnish a cover letter that keys your responses to our comments and provides any requested information. Detailed cover letters greatly facilitate our review. Please understand that we may ha ve additional comments after reviewing your responses to our comments. We urge all persons who are responsi ble for the accuracy an d adequacy of the disclosure in the filing to be certain that th e filing includes all inform ation required under the Securities Exchange Act of 1934 and that they have provided all information investors require for an informed investment decision. Since the company and its management are in possession of all facts relating to a company’ s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. In connection with responding to our comments, please provide, in writing, a statement from the company acknowledging that: the company is responsible for the adequacy an d accuracy of the disclo sure in the filing;
staff comments or changes to disclosure in response to staff comments do not foreclose the Commission from taking any action with respect to the filing; and
the company may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federa l securities laws of the United States.
In addition, please be advise d that the Division of Enfo rcement has access to all information you provide to the staff of the Divisi on of Corporation Fina nce in our review of your filing or in response to our comments on your filing.
Michael Balmuth Ross Stores, Inc. April 15, 2010 Page 3 Please contact Janice McGuirk, examiner , at (202) 551-3395 or Pam Howell, legal reviewer, at (202) 551-3 357 with any questions.
Sincerely,
John Reynolds,
Assistant Director
cc: via fax (925) 965-4388
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Mail Stop 3561
April 15, 2010
Michael Balmuth, Chief Executive Officer Ross Stores, Inc. 4440 Rosewood Drive Pleasanton, California 94588-3050 RE: Ross Stores, Inc.
Form 10-K FYE January 30, 2010
Filed March 30, 2010 File No. 0-14678
Dear Mr. Balmuth:
We have reviewed your filing and have the following comments. Where indicated,
we think you should file the requ ested documents in your next peri odic report in response to
these comments. If you disagree, we will cons ider your explanation as to why our comments
are inapplicable. Please be as detailed as necessary in your explanat ion. In some of our
comments, we may ask you to provide us with information so we may better understand your
disclosure. After reviewing this inform ation, we may raise additional comments.
Please understand that the purpose of our re view process is to assist you in your
compliance with the applicable disclosure requ irements 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 any other aspect of our review. Feel free to
call us at the telephone numbers liste d at the end of this letter.
Exhibits
1. It appears that exhib its 10.34, 10.36, 10.48, 10.54, 10.59, 10.60, 10.64, 10.65, 10.68,
10.71, and 10.72 have not been filed in their en tirety. In your next periodic report,
please file these exhibits in their entirety.
2. We note the $600 million revolving credit facility referenced on page 26 and
elsewhere in the Form 10-K. Please explai n why the agreement has not been filed as
an exhibit.
Michael Balmuth
Ross Stores, Inc. April 15, 2010 Page 2 Closing Comments
Please respond to these comments within 10 business days or tell us when you will
provide us with a response. Please furnish a cover letter that keys your responses to our
comments and provides any requested information. Detailed cover letters greatly facilitate
our review. Please understand that we may ha ve additional comments after reviewing your
responses to our comments. We urge all persons who are responsi ble for the accuracy an d adequacy of the
disclosure in the filing to be certain that th e filing includes all inform ation required under the
Securities Exchange Act of 1934 and that they have provided all information investors
require for an informed investment decision. Since the company and its management are in
possession of all facts relating to a company’ s disclosure, they are responsible for the
accuracy and adequacy of the disclosures they have made. In connection with responding to our comments, please provide, in writing, a
statement from the company acknowledging that: the company is responsible for the adequacy an d accuracy of the disclo sure in the filing;
staff comments or changes to disclosure in response to staff comments do not foreclose
the Commission from taking any action with respect to the filing; and
the company may not assert staff comments as a defense in any proceeding initiated by
the Commission or any person under the federa l securities laws of the United States.
In addition, please be advise d that the Division of Enfo rcement has access to all
information you provide to the staff of the Divisi on of Corporation Fina nce in our review of
your filing or in response to our comments on your filing.
Michael Balmuth
Ross Stores, Inc. April 15, 2010 Page 3 Please contact Janice McGuirk, examiner , at (202) 551-3395 or Pam Howell, legal
reviewer, at (202) 551-3 357 with any questions.
Sincerely,
John Reynolds,
Assistant Director
cc: via fax (925) 965-4388