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SEC Company Response from VirnetX Holding Corp (VHC) (CIK 0001082324) (VHC) — Sep 25, 2009

VirnetX Holding Corp (VHC) (CIK 0001082324)
Date: Sept. 25, 2009 · CIK: 0001082324 · Accession: 0001019687-09-003444

AI Filing Summary & Sentiment

Sentiment
Urgency
Document Type
Confidence
SEC Posture
Company Posture

Summary

Reasoning

Date
September 25, 2009
Author
/s/ Lowell D. Ness
Form
CORRESP
Company
VirnetX Holding Corp (VHC) (CIK 0001082324)

Letter

virnetx_corresp-092509.htm

ORRICK, HERRINGTON & SUTCLIFFE LLP

1000 MARSH ROAD

MENLO PARK, CALIFORNIA 94025

tel +1-650-614-7400

fax +1-650-614-7401

www.orrick.com

September 25, 2009

Lowell D. Ness

(650) 614-7455

lness@orrick.com

VIA EDGAR

Securities and Exchange Commission (Mail Stop 4561)

100 F Street, N.E.

Washington, D.C. 20549

Re:

VirnetX Holding Corporation

Registration Statement on Form S-3

Ladies and Gentlemen:

On behalf of VirnetX Holding Corporation, a Delaware corporation (the “Company”), filed herewith is the Company’s registration statement on Form S-3 registering for resale 2,380,942 shares of the Company’s common stock and 8,046,908 shares of the Company’s common stock underlying certain warrants to purchase shares of the Company’s common stock issued pursuant to a private placement transaction that closed on September 11, 2009.

Please note that the Company submitted a request for confidential treatment to the Securities and Exchange Commission on August 12, 2009 covering the Engagement Letter Agreement by and between the Company and McKool Smith, a professional corporation, dated June 9, 2009, filed as Exhibit 10.1 to the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2009.

Should you have any questions, please contact me at (650) 614-7455.

Very truly yours,
/s/ Lowell D. Ness

Show Raw Text
CORRESP
1
filename1.htm

    virnetx_corresp-092509.htm

ORRICK, HERRINGTON & SUTCLIFFE LLP

1000 MARSH ROAD

MENLO PARK, CALIFORNIA  94025

tel  +1-650-614-7400

fax  +1-650-614-7401

www.orrick.com

September 25, 2009

Lowell D. Ness

(650) 614-7455

lness@orrick.com

VIA  EDGAR

Securities and Exchange Commission (Mail Stop 4561)

100 F Street, N.E.

Washington, D.C.  20549

Re:

VirnetX Holding Corporation

Registration Statement on Form S-3

Ladies and Gentlemen:

On behalf of VirnetX Holding Corporation, a Delaware corporation (the “Company”), filed herewith is the Company’s registration statement on Form S-3 registering for resale 2,380,942 shares of the Company’s common stock and 8,046,908 shares of the Company’s common stock underlying certain
warrants to purchase shares of the Company’s common stock issued pursuant to a private placement transaction that closed on September 11, 2009.

Please note that the Company submitted a request for confidential treatment to the Securities and Exchange Commission on August 12, 2009 covering the Engagement Letter Agreement by and between the Company and McKool Smith, a professional corporation, dated June 9, 2009, filed as Exhibit 10.1 to the Company’s
Quarterly Report on Form 10-Q for the quarter ended June 30, 2009.

Should you have any questions, please contact me at (650) 614-7455.

Very truly yours,

/s/ Lowell D. Ness

Lowell D. Ness

cc:

Kendall Larsen (VirnetX Holding Corporation)