SEC Comment Letter 0000000000-23-011521 to AIM ImmunoTech Inc. (AIM)
AIM ImmunoTech Inc.
Date: Oct. 20, 2023 · CIK: 0000946644 · Accession: 0000000000-23-011521
AI Filing Summary & Sentiment
File numbers found in text: 001-27072
Letter
United States securities and exchange commission logo October 20, 2023 Ted D. Kellner Nominating Stockholder Kellner Group 790 North Water Street, Suite 2175 Milwaukee, WI 53202 Re:Kellner Group AIM ImmunoTech Inc. PREC14A filed October 13, 2023 Filed by Ted D. Kellner, Todd Deutsch, and Robert L. Chioini File No. 001-27072 Dear Ted D. Kellner: We have reviewed your filing and have the following comments. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. Please respond to these comments by providing the requested information or advise us as soon as possible when you will respond. If you do not believe our comments apply to your facts and circumstances, please tell us why in your response. After reviewing your response to these comments, we may have additional comments. PREC14A filed October 13, 2023 Voting and Proxy Procedures, page 28 1.Please correct the references to "our common stock" on page 29. General 2.On the proxy card, please put the Kellner Group Nominees in alphabetical order by last name. See Rule 14a-19(e)(4). 3.We note the disclosure on the proxy card that indicates that stockholders "should not check more than four boxes in total (whether 'FOR' or 'WITHHOLD') under Proposal 1." We also note the related statement on page 29. Please remove, or advise as to why such disclosure exists. If the reason for such disclosure is the concern that "WITHHOLD" votes may be counted for overvote purposes, it is our understanding that such concern is no
FirstName LastNameTed D. Kellner Comapany NameKellner Group October 20, 2023 Page 2 FirstName LastName Ted D. Kellner Kellner Group October 20, 2023 Page 2 longer relevant. We remind you that the filing persons are responsible for the accuracy and adequacy of their disclosures, notwithstanding any review, comments, action or absence of action by the staff. Please direct any questions to David Plattner at 202-551-8094. Sincerely, Division of Corporation Finance Office of Mergers and Acquisitions cc: John Harrington
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United States securities and exchange commission logo
October 20, 2023
Ted D. Kellner
Nominating Stockholder
Kellner Group
790 North Water Street, Suite 2175
Milwaukee, WI 53202
Re:Kellner Group
AIM ImmunoTech Inc.
PREC14A filed October 13, 2023
Filed by Ted D. Kellner, Todd Deutsch, and Robert L. Chioini
File No. 001-27072
Dear Ted D. Kellner:
We have reviewed your filing and have the following comments. In some of our
comments, we may ask you to provide us with information so we may better understand your
disclosure.
Please respond to these comments by providing the requested information or advise us as
soon as possible when you will respond. If you do not believe our comments apply to your facts
and circumstances, please tell us why in your response.
After reviewing your response to these comments, we may have additional comments.
PREC14A filed October 13, 2023
Voting and Proxy Procedures, page 28
1.Please correct the references to "our common stock" on page 29.
General
2.On the proxy card, please put the Kellner Group Nominees in alphabetical order by last
name. See Rule 14a-19(e)(4).
3.We note the disclosure on the proxy card that indicates that stockholders "should not
check more than four boxes in total (whether 'FOR' or 'WITHHOLD') under Proposal 1."
We also note the related statement on page 29. Please remove, or advise as to why such
disclosure exists. If the reason for such disclosure is the concern that "WITHHOLD" votes
may be counted for overvote purposes, it is our understanding that such concern is no
FirstName LastNameTed D. Kellner
Comapany NameKellner Group
October 20, 2023 Page 2
FirstName LastName
Ted D. Kellner
Kellner Group
October 20, 2023
Page 2
longer relevant.
We remind you that the filing persons are responsible for the accuracy and adequacy of
their disclosures, notwithstanding any review, comments, action or absence of action by the staff.
Please direct any questions to David Plattner at 202-551-8094.
Sincerely,
Division of Corporation Finance
Office of Mergers and Acquisitions
cc: John Harrington