SEC Company Response from BED BATH & BEYOND, INC. (NXH, BBBYW) (CIK 0001130713) (NXH) — Apr 11, 2011
BED BATH & BEYOND, INC. (NXH, BBBYW) (CIK 0001130713)
Date: April 11, 2011 · CIK: 0001130713 · Accession: 0001104659-11-019516
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 000-49799
Referenced dates: February 11, 2011
Letter
United States Securities and Exchange Commission Division of Corporation Finance Overstock.com, Inc. Form 10-Q for the Quarterly Period Ended September 30, 2010 Filed October 29, 2010 File No. 000-49799
Dear Mr. Mew:
Below are the responses of Overstock.com, Inc. (the “Company,” “we”, “us”, or “our”), to comments received from the staff of the Division of Corporation Finance (the “Staff”) of the Securities and Exchange Commission (the “Commission”) by conference call held on March 2, 2011, with respect to the Company’s Form 10-Q for the Quarterly Period Ended September 30, 2010 filed with the Commission on October 29, 2010, File No. 000-49799. This letter has been reviewed by KPMG LLP, our independent registered public accounting firm, including its national office and PWC LLP, our former independent registered public accounting firm.
For your convenience, each response is prefaced by the comment received from the Staff on the March 2, 2011 conference call.
Form 10-Q for the quarterly period ended September 30, 2010
2. Accounting Policies, page 7
Sales returns allowance, page 12
1. The Staff requested a materiality analysis of the net income (loss) impact provided to the Staff as Exhibit 2a of our response dated February 11, 2011.
In Exhibits 1-5 we have provided the requested response.
At your request the Company acknowledges that:
1. the company is responsible for the adequacy and accuracy of the disclosure in the filing;
2. 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
3. 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.
Please direct any questions that you have with respect to the foregoing to the undersigned at (801) 947-3242.
Very truly yours,
/s/ Stephen J. Chesnut
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CORRESP 1 filename1.htm 6350 South 3000 East 801.947.3100 phone Salt Lake City, Utah 84121 801.944.4629 fax April 11, 2011 Mr. Andrew Mew Accounting Branch Chief United States Securities and Exchange Commission Division of Corporation Finance Mail Stop 3561 100 F Street, NE Washington, D.C. 20549 Re: Overstock.com, Inc. Form 10-Q for the Quarterly Period Ended September 30, 2010 Filed October 29, 2010 File No. 000-49799 Dear Mr. Mew: Below are the responses of Overstock.com, Inc. (the “Company,” “we”, “us”, or “our”), to comments received from the staff of the Division of Corporation Finance (the “Staff”) of the Securities and Exchange Commission (the “Commission”) by conference call held on March 2, 2011, with respect to the Company’s Form 10-Q for the Quarterly Period Ended September 30, 2010 filed with the Commission on October 29, 2010, File No. 000-49799. This letter has been reviewed by KPMG LLP, our independent registered public accounting firm, including its national office and PWC LLP, our former independent registered public accounting firm. For your convenience, each response is prefaced by the comment received from the Staff on the March 2, 2011 conference call. Form 10-Q for the quarterly period ended September 30, 2010 2. Accounting Policies, page 7 Sales returns allowance, page 12 1. The Staff requested a materiality analysis of the net income (loss) impact provided to the Staff as Exhibit 2a of our response dated February 11, 2011. In Exhibits 1-5 we have provided the requested response. At your request the Company acknowledges that: 1. the company is responsible for the adequacy and accuracy of the disclosure in the filing; 2. 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 3. 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. Please direct any questions that you have with respect to the foregoing to the undersigned at (801) 947-3242. Very truly yours, /s/ Stephen J. Chesnut Stephen J. Chesnut Senior Vice President, Finance and Risk Management Overstock.com, Inc. 2 Exhibits: Exhibit 1 — Confidential Information to be delivered with Confidential Treatment Rule 83 document. Exhibit 2 — Confidential Information to be delivered with Confidential Treatment Rule 83 document. Exhibit 3 — Confidential Information to be delivered with Confidential Treatment Rule 83 document. Exhibit 4 — Confidential Information to be delivered with Confidential Treatment Rule 83 document. Exhibit 5 — Confidential Information to be delivered with Confidential Treatment Rule 83 document. 3