SEC Comment Letter for ORAGENICS INC (OGEN) (CIK 0001174940) (OGEN) — Dec 13, 2011
ORAGENICS INC (OGEN) (CIK 0001174940)
Date: Dec. 13, 2011 · CIK: 0001174940 · Accession: 0000000000-11-071476
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 001-32188
Letter
December 13, 2011 Via E-mail Brian J. Bohunicky Chief Financial Officer Oragenics, Inc. 3000 Bayport Drive, Suite 685 Tampa, FL 33607 Re: Oragenics, Inc. Form 10-K for the Fiscal Year Ended December 31, 2010 Filed March 30, 2011 File No. 001-32188
Dear Mr. Bohunicky: We have reviewed your response letter filed on November 14, 2011 and have the following comment. Please respond to this letter within te n business days by providing the requested information or by advising us when you will provide the requested response. If you do not believe our comment applies to your facts a nd circumstances, please tell us why in your response. After reviewing the information you provide in response to our comment, we may have additional comments.
Item 10. Directors, Executive O fficers and Corporate Governance
Director Independence, page 58
1. We note your response to prior comment 1. Plea se provide an expande d legal analysis as to why your promissory note with KFLP woul d not be considered payment for property or services such that Christine Koski a nd Robert Koski would not be considered independent directors under NASDAQ Marketplace Rule 5605(a)(2)(D).
We urge all persons who are responsible for th e accuracy and adequacy of the disclosure in the filing to be certain that the filing include s the information the Securities Exchange Act of 1934 and all applicable Exchange Act rules requir e. Since the company and its management are in possession of all facts relating to a company’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made.
Brian J. Bohunicky Oragenics, Inc. December 13, 2011 Page 2
Please contact Karen Ubell at (202) 551-3873, Bryan Pitko at (202) 551-3203 or me at (202) 551-3715 with any other questions. Sincerely, /s/ Bryan J. Pitko for Jeffrey Riedler Assistant Director
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December 13, 2011 Via E-mail Brian J. Bohunicky Chief Financial Officer Oragenics, Inc. 3000 Bayport Drive, Suite 685 Tampa, FL 33607 Re: Oragenics, Inc. Form 10-K for the Fiscal Year Ended December 31, 2010 Filed March 30, 2011 File No. 001-32188 Dear Mr. Bohunicky: We have reviewed your response letter filed on November 14, 2011 and have the following comment. Please respond to this letter within te n business days by providing the requested information or by advising us when you will provide the requested response. If you do not believe our comment applies to your facts a nd circumstances, please tell us why in your response. After reviewing the information you provide in response to our comment, we may have additional comments. Item 10. Directors, Executive O fficers and Corporate Governance Director Independence, page 58 1. We note your response to prior comment 1. Plea se provide an expande d legal analysis as to why your promissory note with KFLP woul d not be considered payment for property or services such that Christine Koski a nd Robert Koski would not be considered independent directors under NASDAQ Marketplace Rule 5605(a)(2)(D). We urge all persons who are responsible for th e accuracy and adequacy of the disclosure in the filing to be certain that the filing include s the information the Securities Exchange Act of 1934 and all applicable Exchange Act rules requir e. Since the company and its management are in possession of all facts relating to a company’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. Brian J. Bohunicky Oragenics, Inc. December 13, 2011 Page 2 Please contact Karen Ubell at (202) 551-3873, Bryan Pitko at (202) 551-3203 or me at (202) 551-3715 with any other questions. Sincerely, /s/ Bryan J. Pitko for Jeffrey Riedler Assistant Director