SEC Comment Letter for ADMA BIOLOGICS, INC. (ADMA) (CIK 0001368514) (ADMA) — May 9, 2012
ADMA BIOLOGICS, INC. (ADMA) (CIK 0001368514)
Date: May 9, 2012 · CIK: 0001368514 · Accession: 0000000000-12-024213
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 000-52120
Letter
May 9, 2012 Via E-mail Adam S. Grossman Chief Executive Officer ADMA Biologics, Inc. 65 Commerce Way Hackensack, New Jersey 07601 Re: ADMA Biologics, Inc. Amendment No. 2 to Form 8-K Filed April 24, 2012 File No. 000-52120
Dear Mr. Grossman: We have reviewed your response dated April 24, 2012 and have the following comments. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. Please respond to this letter within ten business days by amending your filing, by providing the requested information, or by advising us when you will provide the requested response. If you do not believe our comments apply to your facts and circumstances or do not believe an amendment is appropriate, please tell us why in your response.
After reviewing any amendment to your filing and the information you provide in response to these comments, we may have additional comments. General
1. Please refer to comment 1 of our letter to you dated April 24, 2012 regarding your registration statement on Form S-1. Please make similar changes to this current report on Form 8-K. In addition, both here and in the Form S-1, consider describing the extent to which any of the emerging growth company exemptions are available to you as a smaller reporting company.
Manufacturing and Supply, page 18
2. We note your response to our prior comme nt 5. As exhibits to your next amendment please file your agreements w ith contract laboratories that conduct
Adam S. Grossman ADMA Biologics, Inc. May 9, 2012 Page 2 and run your laboratory testi ng, including your proprietary assay, or explain to us why this is not required by Item 601(b)(10) of Regulation S-K.
3. Please revise to reconcile the statement in the first sentence of the last paragraph of this section that your “c ontract laboratories do not ha ve access to [y]our trade secrets” with the third sentence in that paragraph stating that your “contract laboratories have informed [you] that they take all commercially reasonable steps to ensure the confidentiality of ADMA’s assay process, procedures, reagents, and other confidential information” and the statement in the first paragraph of this section that “ADMA relies on contract laboratories to conduct and run its laboratory testing, including its proprietary assay.” These statements statements appear to suggest that your contract laboratories may have access to your trade secrets such as your pr oprietary assay. You may contact Amy Gedde s at (202) 551-3304 or Ma rgery Reich at (202) 551- 3347 if you have questions regarding comments on the financial statements and related matters. Please contact John Dana Brown at (202) 551-3859 or the undersigned at (202) 551-3469 with any other questions. S i n c e r e l y , / s / J u s t i n D o b b i e
Justin Dobbie Legal Branch Chief
cc: Jeffrey Baumel SNR Denton US LLP
Show Raw Text
May 9, 2012 Via E-mail
Adam S. Grossman Chief Executive Officer ADMA Biologics, Inc. 65 Commerce Way Hackensack, New Jersey 07601
Re: ADMA Biologics, Inc.
Amendment No. 2 to Form 8-K Filed April 24, 2012 File No. 000-52120
Dear Mr. Grossman:
We have reviewed your response dated April 24, 2012 and have the following
comments. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure.
Please respond to this letter within ten business days by amending your filing, by
providing the requested information, or by advising us when you will provide the requested response. If you do not believe our comments apply to your facts and
circumstances or do not believe an amendment is appropriate, please tell us why in your
response.
After reviewing any amendment to your filing and the information you provide in
response to these comments, we may have additional comments. General
1. Please refer to comment 1 of our letter to you dated April 24, 2012 regarding your
registration statement on Form S-1. Please make similar changes to this current
report on Form 8-K. In addition, both here and in the Form S-1, consider
describing the extent to which any of the emerging growth company exemptions
are available to you as a smaller reporting company.
Manufacturing and Supply, page 18
2. We note your response to our prior comme nt 5. As exhibits to your next
amendment please file your agreements w ith contract laboratories that conduct
Adam S. Grossman
ADMA Biologics, Inc. May 9, 2012 Page 2
and run your laboratory testi ng, including your proprietary assay, or explain to us
why this is not required by Item 601(b)(10) of Regulation S-K.
3. Please revise to reconcile the statement in the first sentence of the last paragraph
of this section that your “c ontract laboratories do not ha ve access to [y]our trade
secrets” with the third sentence in that paragraph stating that your “contract
laboratories have informed [you] that they take all commercially reasonable steps
to ensure the confidentiality of ADMA’s assay process, procedures, reagents, and
other confidential information” and the statement in the first paragraph of this section that “ADMA relies on contract laboratories to conduct and run its
laboratory testing, including its proprietary assay.” These statements statements
appear to suggest that your contract laboratories may have access to your trade
secrets such as your pr oprietary assay.
You may contact Amy Gedde s at (202) 551-3304 or Ma rgery Reich at (202) 551-
3347 if you have questions regarding comments on the financial statements and related
matters. Please contact John Dana Brown at (202) 551-3859 or the undersigned at (202)
551-3469 with any other questions.
S i n c e r e l y ,
/ s / J u s t i n D o b b i e
Justin Dobbie Legal Branch Chief
cc: Jeffrey Baumel SNR Denton US LLP