SEC Comment Letter for KOPIN CORP (KOPN) (CIK 0000771266) (KOPN) — Sep 25, 2009
KOPIN CORP (KOPN) (CIK 0000771266)
Date: Sept. 25, 2009 · CIK: 0000771266 · Accession: 0000000000-09-054045
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 000-19882
Letter
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549
DIVISION OF CORPORATION FINANCE
Mail Stop 3030 September 25, 2009
VIA U.S. MAIL AND FAX 508-822-1381
Richard A. Sneider Chief Financial Officer Kopin Corporation 200 John Hancock Rd. Taunton, Massachusetts 02780 Re: Kopin Corporation Form 10-K for the year ended December 27, 2008 Filed March 10, 2009 File No. 000-19882 Dear Mr. Sneider:
We have reviewed your letter dated Augus t 27, 2009 and have the following comment. Where indicated, we think you should revise your future documents in response to this comment. If you disagree, we will consider your explanation as to why our comment is inapplicable or a revision is unnecessary. Please be as detailed as necessary in your explanation. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. After reviewing this information, 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 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 any other aspect of our review. Feel fr ee to call us at the telephone numbers listed at th e end of this letter. Index to Exhibits, page 80
1. We are unable to agree with your analysis provided in response to prior comment 3 regarding the “substantial dependence” standard you cited for the filing of a material contract exhibit pursuant to Item 601(b)(1 0)(ii)(B). Accordin gly, please provide a revised analysis supporting your conclusion that the agreement with Skyworks Solutions
Richard A. Sneider Kopin Corporation September 25, 2009 Page 2 is not required to be filed as an exhibit. Further, please expand your analysis to encompass revenues attributable to Advan ced Wireless Semiconductor Company where AWSC resells your products to Skyworks. In this regard, we note your disclosure in the second full paragraph on page 3 of your Form 10-K that “an investor should view your sales to Skyworks Solutions and AWSC in the aggregate when evaluating the importance of Skyworks Solutions as a customer.” As appropriate, please respond to this commen t within 10 business da ys or tell us when you will provide us with a response. Please furnish a cover letter that keys your response to our comment and provides any requested information. Detailed cover letters greatly facilitate our review. Please understand that we may have additional comments after reviewing your responses to our comment. You may contact Andri Boerman at (202) 551-3645 or Jay Webb, Accounting Reviewer, at (202) 551-3603 if you have questions regard ing comments on the financial statements and related matters. Please cont act Joe McCann at (202) 551-6262 or me at (202) 551-3625 if you have questions on other comments. S i n c e r e l y ,
M a r y B e t h B r e s l i n S e n i o r A t t o r n e y
Show Raw Text
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
DIVISION OF
CORPORATION FINANCE
Mail Stop 3030
September 25, 2009
VIA U.S. MAIL AND FAX 508-822-1381
Richard A. Sneider Chief Financial Officer
Kopin Corporation
200 John Hancock Rd. Taunton, Massachusetts 02780
Re: Kopin Corporation
Form 10-K for the year ended December 27, 2008
Filed March 10, 2009 File No. 000-19882
Dear Mr. Sneider:
We have reviewed your letter dated Augus t 27, 2009 and have the following comment.
Where indicated, we think you should revise your future documents in response to this comment.
If you disagree, we will consider your explanation as to why our comment is inapplicable or a revision is unnecessary. Please be as detailed as necessary in your explanation. In some of our
comments, we may ask you to provide us with information so we may better understand your
disclosure. After reviewing this information, 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 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 any other aspect of our review. Feel fr ee to call us at the
telephone numbers listed at th e end of this letter.
Index to Exhibits, page 80
1. We are unable to agree with your analysis provided in response to prior comment 3
regarding the “substantial dependence” standard you cited for the filing of a material contract exhibit pursuant to Item 601(b)(1 0)(ii)(B). Accordin gly, please provide a
revised analysis supporting your conclusion that the agreement with Skyworks Solutions
Richard A. Sneider
Kopin Corporation September 25, 2009 Page 2
is not required to be filed as an exhibit. Further, please expand your analysis to
encompass revenues attributable to Advan ced Wireless Semiconductor Company where
AWSC resells your products to Skyworks. In this regard, we note your disclosure in the
second full paragraph on page 3 of your Form 10-K that “an investor should view your
sales to Skyworks Solutions and AWSC in the aggregate when evaluating the importance
of Skyworks Solutions as a customer.” As appropriate, please respond to this commen t within 10 business da ys or tell us when
you will provide us with a response. Please furnish a cover letter that keys your response to our comment and provides any requested information. Detailed cover letters greatly facilitate our
review. Please understand that we may have additional comments after reviewing your
responses to our comment.
You may contact Andri Boerman at (202) 551-3645 or Jay Webb, Accounting Reviewer,
at (202) 551-3603 if you have questions regard ing comments on the financial statements and
related matters. Please cont act Joe McCann at (202) 551-6262 or me at (202) 551-3625 if you
have questions on other comments. S i n c e r e l y ,
M a r y B e t h B r e s l i n S e n i o r A t t o r n e y