SEC Comment Letter for National CineMedia, Inc. (NCMI) (CIK 0001377630) (NCMI) — Jul 14, 2016
National CineMedia, Inc. (NCMI) (CIK 0001377630)
Date: July 14, 2016 · CIK: 0001377630 · Accession: 0000000000-16-084416
AI Filing Summary & Sentiment
Reasoning
Letter
July 14, 2016 David J. Oddo Senio r Vice President, Finance and Principal Financial Officer National CineM edia, Inc. 9110 East Nichols Avenue, Suite 200 Centennial, CO 80112 -3405 Form 8 -K Filed February 25, 2016 File No. 001 -33296
Re: National CineM edia, Inc. Form 10 -K for Fiscal Year Ended December 31, 2015 Filed February 26 , 2016
Dear Mr. Oddo :
We have limited our review of your filing to the financial statements and related disclosures and have the following comment. Please comply with the following comment in future filings. Confirm in writing that you will do so and explain to us how you int end to comply.
Please respond to th e comment within ten business days by providing the requested information or advise us as soon as possible when you will respond. If you do not believe our comment appl ies to your facts and circumstances, please tell us why in your response.
After reviewing your response to the comment, we may have additional comments.
Form 8 -K filed on February 25, 2016
Exhibit 99.1
National CineMedia, Inc. Reports Results for Fiscal Fourth Quarter & Full Year 2015
1. Your pres entation of Annu al Adjusted OIBDA in the headline of your earnings release is inconsistent with Question 102.10 of the updated Compliance and Disclosure
David J. Oddo National Cin eMedia, Inc. July 14, 2016 Page 2
Interpretations issued May 17, 2016. Please review this guidance in its entirety when preparing your n ext earnings release.
We urge all persons who are responsible for the accuracy and adequacy of the disclosure in the filing to be certain that the filing includes the information the Securities Exchange Act of 1934 and all applicable Exchange Act rules require. Since the compa ny 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.
In responding to our comments, please provide a written statement from the co mpany acknowledging that:
the company is responsible for the adequacy and accuracy of the disclosure in the filing;
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
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.
You may contact Dean Suehiro, Senior Staff Accountant, at 202 -551-3384 or Robert S. Littlepage, Accountant Branch Chief, at 202 -551-336 or me at (202) 551 -3810 with any questions .
Sincerely,
/s/ Robert S. Littlepage, for
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Mail Stop 3720 July 14, 2016 David J. Oddo Senio r Vice President, Finance and Principal Financial Officer National CineM edia, Inc. 9110 East Nichols Avenue, Suite 200 Centennial, CO 80112 -3405 Re: National CineM edia, Inc. Form 10 -K for Fiscal Year Ended December 31, 2015 Filed February 26 , 2016 Form 8 -K Filed February 25, 2016 File No. 001 -33296 Dear Mr. Oddo : We have limited our review of your filing to the financial statements and related disclosures and have the following comment. Please comply with the following comment in future filings. Confirm in writing that you will do so and explain to us how you int end to comply. Please respond to th e comment within ten business days by providing the requested information or advise us as soon as possible when you will respond. If you do not believe our comment appl ies to your facts and circumstances, please tell us why in your response. After reviewing your response to the comment, we may have additional comments. Form 8 -K filed on February 25, 2016 Exhibit 99.1 National CineMedia, Inc. Reports Results for Fiscal Fourth Quarter & Full Year 2015 1. Your pres entation of Annu al Adjusted OIBDA in the headline of your earnings release is inconsistent with Question 102.10 of the updated Compliance and Disclosure David J. Oddo National Cin eMedia, Inc. July 14, 2016 Page 2 Interpretations issued May 17, 2016. Please review this guidance in its entirety when preparing your n ext earnings release. We urge all persons who are responsible for the accuracy and adequacy of the disclosure in the filing to be certain that the filing includes the information the Securities Exchange Act of 1934 and all applicable Exchange Act rules require. Since the compa ny 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. In responding to our comments, please provide a written statement from the co mpany acknowledging that: the company is responsible for the adequacy and accuracy of the disclosure in the filing; 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 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. You may contact Dean Suehiro, Senior Staff Accountant, at 202 -551-3384 or Robert S. Littlepage, Accountant Branch Chief, at 202 -551-336 or me at (202) 551 -3810 with any questions . Sincerely, /s/ Robert S. Littlepage, for Carlos Pacho Senior Assistant Chief Accountant AD Office 11 – Telecommunications