SEC Comment Letter for CYNERGISTEK, INC (CIK 0001011432) — Oct 6, 2021
CYNERGISTEK, INC (CIK 0001011432)
Date: Oct. 6, 2021 · CIK: 0001011432 · Accession: 0000000000-21-012116
AI Filing Summary & Sentiment
File numbers found in text: 001-38011
Letter
October 1 , 2021 Via E -mail William Caffee , Esq. White Summers Caffee & James, LLP 541 Jefferson Ave., Redwood City, CA 94063
Re: Cynergistek, Inc. Revised Preliminary Proxy Statement on Schedule 14A Filed September 29, 2021 by Daniel Berger File No. 001-38011
Dear Mr . Caffee :
We have reviewed your September 29, 2021 response to our comment letter and have the following comments. Our references to prior comments are to comments in our September 22, 2021 letter .
PRRN14A Filed September 29, 2021
General
1. Refer to prior comment 1. In your amended filing, p lease disclose the information set forth in your response letter to facilitate shareholders’ ability to understand why you have chosen both to rely on Rule 14a -18 in having your materials and nominee included in the registrant’s proxy statement and proxy card while simultaneously engaging in a contested proxy solicitation .
2. Revise to fill in the blank spaces for the nu mber of shares beneficially owned by your nominee and the costs of the solicitation.
Form of Proxy Card
3. Refer to prior comment 8. R evise your form of proxy to adhere to the requirements of Rule 14a-4(b)(2) . The form of proxy must set forth the names o f all persons nominated for election as directors and provide sufficient space for shareholders to withhold authority to vote for any such nominee.
William Caffee, Esq. White Summers Caffee & James, LLP October 1 , 2021 Page 2
4. Refer to prior comment 9. Revise your form of proxy to state that there is no assurance that the registr ant’s nominees will serve if elected with your nominee. Refer to Rule 14a - 4(d)(4)(iv).
* * *
Please direct any ques tions to me at (202) 551 -7951.
Sincerely,
/s/ Joshua Shainess
Show Raw Text
October 1 , 2021
Via E -mail
William Caffee , Esq.
White Summers Caffee & James, LLP
541 Jefferson Ave.,
Redwood City, CA 94063
Re: Cynergistek, Inc.
Revised Preliminary Proxy Statement on Schedule 14A
Filed September 29, 2021 by Daniel Berger
File No. 001-38011
Dear Mr . Caffee :
We have reviewed your September 29, 2021 response to our comment letter and have the
following comments. Our references to prior comments are to comments in our September 22,
2021 letter .
PRRN14A Filed September 29, 2021
General
1. Refer to prior comment 1. In your amended filing, p lease disclose the information set forth
in your response letter to facilitate shareholders’ ability to understand why you have chosen
both to rely on Rule 14a -18 in having your materials and nominee included in the registrant’s
proxy statement and proxy card while simultaneously engaging in a contested proxy
solicitation .
2. Revise to fill in the blank spaces for the nu mber of shares beneficially owned by your
nominee and the costs of the solicitation.
Form of Proxy Card
3. Refer to prior comment 8. R evise your form of proxy to adhere to the requirements of Rule
14a-4(b)(2) . The form of proxy must set forth the names o f all persons nominated for
election as directors and provide sufficient space for shareholders to withhold authority to
vote for any such nominee.
William Caffee, Esq.
White Summers Caffee & James, LLP
October 1 , 2021
Page 2
4. Refer to prior comment 9. Revise your form of proxy to state that there is no assurance that
the registr ant’s nominees will serve if elected with your nominee. Refer to Rule 14a -
4(d)(4)(iv).
* * *
Please direct any ques tions to me at (202) 551 -7951.
Sincerely,
/s/ Joshua Shainess
Joshua Shainess
Special Counsel
Office of Mergers and Acquisitions