SEC Company Response from APPLIED ENERGETICS, INC. (AERG, AERGP) (CIK 0000879911) (AERG) — Oct 1, 2012
APPLIED ENERGETICS, INC. (AERG, AERGP) (CIK 0000879911)
Date: Oct. 1, 2012 · CIK: 0000879911 · Accession: 0001144204-12-053880
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 001-14015
Referenced dates: September 27, 2012
Letter
Securities and Exchange Commission Re: Applied Energetics, Inc. Form 10-K for the Fiscal Year Ended December 31, 2011 File March 29, 2012 File No. 001-14015
Dear Ms. Nguyen:
This letter sets forth the responses of Applied Energetics, Inc. (we, us or the “Company”) to the comment of the staff (the “Staff”) of the Securities and Exchange Commission with regard to the Form 10-K for the fiscal year ended December 31, 2011. The Staff’s comment was provided to the Company in a letter dated September 27, 2012. For the convenience of the Staff, the text of the comments is reproduced in its entirety followed by our responses.
Business, page 1
Cautionary Note Concerning Forward-Looking Statements, page
1. In future filings, please remove the statement “In making these forward-looking statements, we claim the protection of the safe-harbor for forward-looking statements contained in the Private Securities Reform Act of 1995” as the safe harbor of Section 21E of the Exchange Act is not available to penny stock issuers.
Response: The Company will not include the referenced statement in future filings.
In accordance with your letter and comments we acknowledge the Company is responsible for the adequacy and accuracy of the disclosure 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 federal securities laws of the United States.
Sincerely,
APPLIED ENERGETICS, INC.
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APPLIED ENERGETICS, INC.
4585 S. Palo Verde - Suite 405
Tucson, AZ 85714
October 1, 2012
Ms. Loan Lauren Nguyen
Special Counsel
Securities and Exchange Commission
Washington, D.C. 20549-0402
Re:
Applied Energetics, Inc.
Form 10-K for the Fiscal Year Ended December 31, 2011
File March 29, 2012
File No. 001-14015
Dear Ms. Nguyen:
This letter sets forth the responses of
Applied Energetics, Inc. (we, us or the “Company”) to the comment of the staff (the “Staff”) of the Securities
and Exchange Commission with regard to the Form 10-K for the fiscal year ended December 31, 2011. The Staff’s comment was
provided to the Company in a letter dated September 27, 2012. For the convenience of the Staff, the text of the comments is reproduced
in its entirety followed by our responses.
Business, page 1
Cautionary Note Concerning Forward-Looking Statements, page
1
1. In future filings, please remove the statement “In making these forward-looking statements, we claim the protection of
the safe-harbor for forward-looking statements contained in the Private Securities Reform Act of 1995” as the safe harbor
of Section 21E of the Exchange Act is not available to penny stock issuers.
Response: The Company will
not include the referenced statement in future filings.
In accordance with your letter
and comments we acknowledge the Company is responsible for the adequacy and accuracy of the disclosure 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 federal securities laws of the United States.
Sincerely,
APPLIED ENERGETICS, INC.
/s/ Joseph Hayden
Joseph Hayden
President