SEC Comment Letter for TuHURA Biosciences, (HURA) — Nov 22, 2010
TuHURA Biosciences, Inc./NV (HURA) (CIK 0001498382)
Date: Nov. 22, 2010 · CIK: 0001498382 · Accession: 0000000000-10-069930
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 333-168897
Referenced dates: October 27, 2010
Letter
November 22, 2010 David Guest Chief Executive Officer Berry Only Inc. 722B Kingston Road Toronto, Ontario M4E 1R7 Canada Re: Berry Only Inc. Amendment No. 3 to Registrati on Statement on Form S-1 Filed November 12, 2010 File No. 333-168897
Dear Mr. Guest:
We have reviewed your registration statement and have the following comments. General
1. We note your response to comment one in our letter dated October 27, 2010. Notwithstanding the representa tions in your response, for the reasons previously articulated it still appears to us that the selling shareholders are acting as a conduit for the company and that this is a primary offering on behalf of the company. Accordingly, if you wish to continue with the registration of the sale of these shar es, please identify the selling shareholders as underw riters and clearly state on your cover page that the selling shareholders will offer these securities for a fixed price of $0.01 for the duration of the offering. Selling Shareholders, page 9
2. We note your response to comment three in ou r letter dated Octobe r 27, 2010. We have carefully considered the subscription agreem ent representation that you have cited in your response but it does not appear to us to address our comment directly. Therefore, as previously requested, please tell us whethe r the selling sharehol ders purchased the securities they are attempting to register for resale in the ordinary course of business.
David Guest Berry Only Inc. November 22, 2010 Page 2
Financial Statements, page 28
Balance Sheet, page 29
3. The column heading of your September 30, 2010 balance sheet indicates that these amounts are unaudited, which implies that your June 30, 2010 balance sheet includes amounts that are audited. Since none of the amounts are covered by an audit report when they are presented in your interim financia l statements for the period ended September 30, 2010, you should not imply that the June 30, 2010 balance sheet amounts are audited. Please revise.
Liquidity and Capital Resources, page 51
4. You disclose that you used cash in operati ng activities of $7,910 during the three months ended September 30, 2010. It appears that you actually used cash in operating activities of $8,563 during the three months ende d September 30, 2010. Please revise. You may contact Jeff Gordon at (202) 551-3866 or Rufus Decker at (202) 551-3769 if you have questions regarding comments on the fina ncial statements and related matters. Please contact Jessica Kane at (202) 551-3235 or Dieter King at (202) 551-3338 with any other questions. Sincerely,
Pamela A. Long Assistant Director cc: Karen A. Batcher, Esq. Synergen Law Group, APC 819 Anchorage Place, Suite 28 Chula Vista, CA 91914
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November 22, 2010 David Guest Chief Executive Officer Berry Only Inc. 722B Kingston Road Toronto, Ontario M4E 1R7 Canada Re: Berry Only Inc. Amendment No. 3 to Registrati on Statement on Form S-1 Filed November 12, 2010 File No. 333-168897 Dear Mr. Guest: We have reviewed your registration statement and have the following comments. General 1. We note your response to comment one in our letter dated October 27, 2010. Notwithstanding the representa tions in your response, for the reasons previously articulated it still appears to us that the selling shareholders are acting as a conduit for the company and that this is a primary offering on behalf of the company. Accordingly, if you wish to continue with the registration of the sale of these shar es, please identify the selling shareholders as underw riters and clearly state on your cover page that the selling shareholders will offer these securities for a fixed price of $0.01 for the duration of the offering. Selling Shareholders, page 9 2. We note your response to comment three in ou r letter dated Octobe r 27, 2010. We have carefully considered the subscription agreem ent representation that you have cited in your response but it does not appear to us to address our comment directly. Therefore, as previously requested, please tell us whethe r the selling sharehol ders purchased the securities they are attempting to register for resale in the ordinary course of business. David Guest Berry Only Inc. November 22, 2010 Page 2 Financial Statements, page 28 Balance Sheet, page 29 3. The column heading of your September 30, 2010 balance sheet indicates that these amounts are unaudited, which implies that your June 30, 2010 balance sheet includes amounts that are audited. Since none of the amounts are covered by an audit report when they are presented in your interim financia l statements for the period ended September 30, 2010, you should not imply that the June 30, 2010 balance sheet amounts are audited. Please revise. Liquidity and Capital Resources, page 51 4. You disclose that you used cash in operati ng activities of $7,910 during the three months ended September 30, 2010. It appears that you actually used cash in operating activities of $8,563 during the three months ende d September 30, 2010. Please revise. You may contact Jeff Gordon at (202) 551-3866 or Rufus Decker at (202) 551-3769 if you have questions regarding comments on the fina ncial statements and related matters. Please contact Jessica Kane at (202) 551-3235 or Dieter King at (202) 551-3338 with any other questions. Sincerely, Pamela A. Long Assistant Director cc: Karen A. Batcher, Esq. Synergen Law Group, APC 819 Anchorage Place, Suite 28 Chula Vista, CA 91914