SEC Company Response from RUSH ENTERPRISES INC \TX\ (RUSHA, RUSHB) (CIK 0001012019) (RUSHA) — Sep 16, 2008

RUSH ENTERPRISES INC \TX\ (RUSHA, RUSHB) (CIK 0001012019)
Date: Sept. 16, 2008 · CIK: 0001012019 · Accession: 0001104659-08-058922

View on Edgar

AI Filing Summary & Sentiment

Sentiment

Urgency

Document Type

Confidence

SEC Posture

Company Posture

Summary

Reasoning

File numbers found in text: 000-20797

Date

September 16, 2008

Author

/s/

Form

CORRESP

Company

RUSH ENTERPRISES INC \TX\ (RUSHA, RUSHB) (CIK 0001012019)

Letter

Attention: Kevin L. Vaughn Rush Enterprises, Inc. Form 10-K for the Year Ended December 31, 2007 Filed March 13, 2008 File No. 000-20797

Re:

Dear Mr. Vaughn:

On behalf of Rush Enterprises, Inc. (the “Company”), set forth below is the Company’s response to comments of the Staff (the “Staff”) of the Securities and Exchange Commission, dated September 8, 2008, regarding the above referenced Form 10-K filed by the Company on March 13, 2008. For your convenience, the text of the Staff’s comments is set forth below in bold followed by the Company’s response.

Item 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations, page 20

Cash Flows, page 32

Cash Flows from Operating Activities, page 32

1. We note your presentation here of net cash provided by operating activities including all floor plan notes payable. While disclosure of the effect of these items is beneficial to an investors understanding of your cash flows, the current disclosure format results in the presentation of a non-GAAP financial measure for cash flows from operating activities, as adjusted. If you elect to continue to present the non-GAAP financial measure in your MD&A, please revise future filings to include the disclosures required by Item 10(e)(l)(i)(C) and Item 10(e)(l)(i)(D) of Regulation S-K.

Response: We agree to revise future filings in response to your comment. Accordingly, if we elect in the future to present the non-GAAP financial measure of net cash provided by operating activities including all floor plan notes payable in the MD&A section of the Company’s Form 10-K, we will also include the disclosures required by Item 10(e)(l)(i)(C) and Item 10(e)(l)(i)(D) of Regulation S-K therein.

Additionally, the Company acknowledges that:

· 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 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.

If you have any further questions, I can be reached at (830) 626-5226.

Sincerely,
/s/
Steven L. Keller

Show Raw Text

CORRESP
1
filename1.htm

September 16, 2008

VIA
FACSIMILE AND EDGAR

U.S.
Securities and Exchange Commission

100
F Street, N.E.

Washington,
DC 20549-3561

Attention:
Kevin L. Vaughn

  Re:

  Rush
  Enterprises, Inc.

  Form 10-K
  for the Year Ended December 31, 2007

  Filed
  March 13, 2008

  File
  No. 000-20797

Dear
Mr. Vaughn:

On
behalf of Rush Enterprises, Inc. (the “Company”), set forth below
is the Company’s response to comments of the Staff (the “Staff”) of the
Securities and Exchange Commission, dated September 8, 2008, regarding the
above referenced Form 10-K filed by the Company on March 13,
2008.  For your convenience, the text of
the Staff’s comments is set forth below in bold followed by the Company’s
response.

Item 7. Management’s
Discussion and Analysis of Financial Condition and Results of Operations, page 20

Cash Flows, page 32

Cash Flows from Operating
Activities, page 32

1.             We note your presentation here of
net cash provided by operating activities including all floor plan notes
payable.  While disclosure of the effect
of these items is beneficial to an investors understanding of your cash flows,
the current disclosure format results in the presentation of a non-GAAP
financial measure for cash flows from operating activities, as adjusted.  If you elect to continue to present the
non-GAAP financial measure in your MD&A, please revise future filings to
include the disclosures required by Item 10(e)(l)(i)(C) and
Item 10(e)(l)(i)(D) of Regulation S-K.

Response:  We agree to revise future filings in response
to your comment.  Accordingly, if we
elect in the future to present the non-GAAP financial measure of net cash
provided by operating activities including all floor plan notes payable in the
MD&A section of the Company’s Form 10-K, we will also include the disclosures
required by Item 10(e)(l)(i)(C) and Item 10(e)(l)(i)(D) of
Regulation S-K therein.

Additionally,
the Company acknowledges that:

·                          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 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.

If
you have any further questions, I can be reached at (830) 626-5226.

  Sincerely,

  /s/
  Steven L. Keller

  Steven
  L. Keller

  Vice
  President and Chief Financial Officer

SecProbe.io