SEC Comment Letter for Huntsman CORP (HUN) (CIK 0001307954) (HUN) — Sep 9, 2010
Huntsman CORP (HUN) (CIK 0001307954)
Date: Sept. 9, 2010 · CIK: 0001307954 · Accession: 0000000000-10-052437
AI Filing Summary & Sentiment
Referenced dates: August 12, 2010, August 26, 2010
Letter
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549-4631 DIVISION OF CORPORATION FINANCE September 9, 2010 via U.S. mail and facsimile to (801) 584-5788 Mr. J. Kimo Esplin, Ch ief Financial Officer Huntsman Corporation 500 Huntsman Way Salt Lake City, Utah 84108 RE: Huntsman Corporation Form 10-K for the fiscal year ended December 31, 2009 Filed February 19, 2010 Form 10-Q for the period ended March 31, 2010 File No. 1-32427
Dear Mr. Esplin:
We have reviewed your response letter dated August 26, 2010 and have the following additional comments. If you disagree , we will consider your explanation as to why our comment is inapplicable. After revi ewing this information, we may or may not raise additional comments. Form 10-K for the year ended December 31, 2009
General
1. We note your counsel has acknowledged th e Tandy representations included in the last part of our comment letter. In your new response letter, please ensure that a Company representative, instea d, makes these acknowledgements.
2. In future earnings releases wher e you include Adjusted EBITDA from discontinued operations, Adjusted net income, Adjusted net income from discontinued operations, or any other non-GAAP financial measure, please disclose the reasons you believe pres entation of such non-GAAP financial measures provides useful information to investors regardi ng your results of operations. Refer to Item 10(e)(1)(i)(C) of Regulation S-K and the Instructions to Item 2.02 of Form 8-K.
Mr. J. Kimo Esplin Huntsman Corporation September 9, 2010 Page 2 Form 10-Q for the period ended March 31, 2010
Exhibit 10.1
3. We note your response to comment 10 in our letter dated August 12, 2010. Please confirm that all information contained in the referenced schedules and that is currently in effect, whether through operati on of the original exhibit or schedule or a superseding document, is currently being made available to investors by exhibit to your publicly file d reports. To the extent th at the information is not currently on file, ensure that you next Exchange Act report includes all material information that is currently omitted from Exhibit 10.1.
* * * *
As appropriate, please respond to these co mments within 10 business days or tell us when you will provide us with a response. Please furnish a letter that keys your responses to our comments and provides any requested supplemental information. Detailed response letters greatly facilitate our review. Please file your response letter on EDGAR. Please understand that we may have additional comments after reviewing your responses to our comments.
You may contact Jenn Do at (202) 551-3743, or me at (202) 551-3355 if you have questions regarding the financial statements and related matters. Please contact Edward M. Kelly, Senior Counsel, at (202) 551-3728 or, in his absence, Jay E. Ingram, Legal Branch Chief, at (202) 551- 3397, with any other questions.
S i n c e r e l y , T e r e n c e O ’ B r i e n B r a n c h C h i e f
Show Raw Text
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549-4631
DIVISION OF
CORPORATION FINANCE
September 9, 2010
via U.S. mail and facsimile to (801) 584-5788
Mr. J. Kimo Esplin, Ch ief Financial Officer
Huntsman Corporation 500 Huntsman Way Salt Lake City, Utah 84108
RE: Huntsman Corporation
Form 10-K for the fiscal year ended December 31, 2009
Filed February 19, 2010
Form 10-Q for the period ended March 31, 2010
File No. 1-32427
Dear Mr. Esplin:
We have reviewed your response letter dated August 26, 2010 and have the
following additional comments. If you disagree , we will consider your explanation as to
why our comment is inapplicable. After revi ewing this information, we may or may not
raise additional comments.
Form 10-K for the year ended December 31, 2009
General
1. We note your counsel has acknowledged th e Tandy representations included in
the last part of our comment letter. In your new response letter, please ensure that
a Company representative, instea d, makes these acknowledgements.
2. In future earnings releases wher e you include Adjusted EBITDA from
discontinued operations, Adjusted net income, Adjusted net income from
discontinued operations, or any other non-GAAP financial measure, please
disclose the reasons you believe pres entation of such non-GAAP financial
measures provides useful information to investors regardi ng your results of
operations. Refer to Item 10(e)(1)(i)(C) of Regulation S-K and the Instructions to
Item 2.02 of Form 8-K.
Mr. J. Kimo Esplin
Huntsman Corporation September 9, 2010 Page 2 Form 10-Q for the period ended March 31, 2010
Exhibit 10.1
3. We note your response to comment 10 in our letter dated August 12, 2010. Please
confirm that all information contained in the referenced schedules and that is
currently in effect, whether through operati on of the original exhibit or schedule
or a superseding document, is currently being made available to investors by
exhibit to your publicly file d reports. To the extent th at the information is not
currently on file, ensure that you next Exchange Act report includes all material information that is currently omitted from Exhibit 10.1.
* * * *
As appropriate, please respond to these co mments within 10 business days or tell
us when you will provide us with a response. Please furnish a letter that keys your
responses to our comments and provides any requested supplemental information.
Detailed response letters greatly facilitate our review. Please file your response letter on
EDGAR. Please understand that we may have additional comments after reviewing your
responses to our comments.
You may contact Jenn Do at (202) 551-3743, or me at (202) 551-3355 if you have
questions regarding the financial statements and related matters. Please contact Edward
M. Kelly, Senior Counsel, at (202) 551-3728 or, in his absence, Jay E. Ingram, Legal
Branch Chief, at (202) 551- 3397, with any other questions.
S i n c e r e l y , T e r e n c e O ’ B r i e n B r a n c h C h i e f