SEC Comment Letter for VIVOS INC (RDGL) (CIK 0001449349) (RDGL) — Sep 11, 2009
VIVOS INC (RDGL) (CIK 0001449349)
Date: Sept. 11, 2009 · CIK: 0001449349 · Accession: 0000000000-09-050540
AI Filing Summary & Sentiment
Reasoning
Referenced dates: July 10, 2009
Letter
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549
DIVISION OF CORPORATION FINANCE September 11, 2009 Mail Stop 4631 Mr. James C. Katzaroff, President Advanced Medical Isotope Corporation 8131 W. Grandridge Blvd., Suite 101 Kennewick, WA 99336 Re: Advanced Medical Isotope Corporation Amendment No. 4 to Registra tion Statement on Form 10 Filed on August 25, 2009 File No. 0-53497 Dear Mr. Katzaroff: We have reviewed your filing and have the following additional comments. We may have additional comments upon our review of the amended Form 10-K and Form 10-Q that we requested in our comment letter dated July 10, 2009. Item 2. Financial Information, page 15
Liquidity and Capital Resources, page 17 1. Your response to comment 4 in our le tter dated July 10, 2009 should be included in the revised liquidity discussion in the amended Form 10 and Form 10-K. Please clarify that the cash run ra te, approximately $3,000,000, needed to fund your operations over the next twelve months that is referred to in the going concern note in your financial statements is stated as of December 31, 2008, and that you have modified your growth and operating plans as a result of your continuing losses. Contractual Obligations, page 19
2. We note your disclosure that you are in de fault on your capital lease obligations. If material, please discuss in the Desc ription of Business and Risk Factors sections the potential effect on your business and financial condition.
Mr. James C. Katzaroff Advanced Medical Isotope Corporation September 11, 2009 Page 2 Item 10. Recent Sales of Unregistered Securities, page 33
3. Please provide the information require d by Item 701 of Regulation S-K with respect to the February and May 2009 transactions you describe on pages 29-30. Also ensure that all the sales of unregistered securities listed under the Options/SARs Grant section beginning on page 27 are also included in this section. Please respond to these comments with in 10 business days, or tell us when you will provide us with a response. Please provi de us with a response letter that keys your responses to our comments and provides a ny requested information. Detailed letters greatly facilitate our review . Please file your response on EDGAR as a correspondence file. Please understand that we may have additional comments after reviewing your responses to our comments. You may contact Jeffrey Gordon, Accountant, at (202) 551-3866 or Nudrat Salik, Reviewing Accountant, at (202) 551-3692 if you have questions regarding comments on the financial statements and related matters. Please contact Dorine H. Miller, Financial Analyst, at (202) 551-3711 or Brigitte Lippm ann, Senior Staff Attorney, at (202) 551- 3713 with any other questions. S i n c e r e l y ,
Pamela A. Long A s s i s t a n t D i r e c t o r cc: Andrea Cataneo, Esq. Sichenzia Ross Friedman Ference LLP 61 Broadway, 32nd Floor New York, NY 10006
Show Raw Text
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
DIVISION OF
CORPORATION FINANCE
September 11, 2009
Mail Stop 4631 Mr. James C. Katzaroff, President Advanced Medical Isotope Corporation 8131 W. Grandridge Blvd., Suite 101 Kennewick, WA 99336
Re: Advanced Medical Isotope Corporation
Amendment No. 4 to Registra tion Statement on Form 10
Filed on August 25, 2009
File No. 0-53497
Dear Mr. Katzaroff: We have reviewed your filing and have the following additional comments. We may have additional comments upon our review of the amended Form 10-K and Form 10-Q that we requested in our comment letter dated July 10, 2009.
Item 2. Financial Information, page 15
Liquidity and Capital Resources, page 17
1. Your response to comment 4 in our le tter dated July 10, 2009 should be included
in the revised liquidity discussion in the amended Form 10 and Form 10-K.
Please clarify that the cash run ra te, approximately $3,000,000, needed to fund
your operations over the next twelve months that is referred to in the going
concern note in your financial statements is stated as of December 31, 2008, and
that you have modified your growth and operating plans as a result of your continuing losses.
Contractual Obligations, page 19
2. We note your disclosure that you are in de fault on your capital lease obligations.
If material, please discuss in the Desc ription of Business and Risk Factors
sections the potential effect on your business and financial condition.
Mr. James C. Katzaroff
Advanced Medical Isotope Corporation September 11, 2009 Page 2 Item 10. Recent Sales of Unregistered Securities, page 33
3. Please provide the information require d by Item 701 of Regulation S-K with
respect to the February and May 2009 transactions you describe on pages 29-30.
Also ensure that all the sales of unregistered securities listed under the
Options/SARs Grant section beginning on page 27 are also included in this
section.
Please respond to these comments with in 10 business days, or tell us when you
will provide us with a response. Please provi de us with a response letter that keys your
responses to our comments and provides a ny requested information. Detailed letters
greatly facilitate our review . Please file your response on EDGAR as a correspondence
file. Please understand that we may have additional comments after reviewing your
responses to our comments. You may contact Jeffrey Gordon, Accountant, at (202) 551-3866 or Nudrat Salik,
Reviewing Accountant, at (202) 551-3692 if you have questions regarding comments on
the financial statements and related matters. Please contact Dorine H. Miller, Financial
Analyst, at (202) 551-3711 or Brigitte Lippm ann, Senior Staff Attorney, at (202) 551-
3713 with any other questions. S i n c e r e l y ,
Pamela A. Long A s s i s t a n t D i r e c t o r cc: Andrea Cataneo, Esq. Sichenzia Ross Friedman Ference LLP 61 Broadway, 32nd Floor New York, NY 10006