-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, DBZAzjaEUUBFLOcSlSzg/dASa/1K9muiDqiP5LCxbdGJqkbhEYfWlj7wFk0vJH6V 1nUygbRKrQBncKIzspzvkg== 0000000000-06-002305.txt : 20060921 0000000000-06-002305.hdr.sgml : 20060921 20060115220615 ACCESSION NUMBER: 0000000000-06-002305 CONFORMED SUBMISSION TYPE: UPLOAD PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20060115 FILED FOR: COMPANY DATA: COMPANY CONFORMED NAME: EXAR CORP CENTRAL INDEX KEY: 0000753568 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 941741481 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: UPLOAD BUSINESS ADDRESS: STREET 1: 48720 KATO ROAD STREET 2: 48720 KATO ROAD CITY: FREMONT STATE: CA ZIP: 94538 BUSINESS PHONE: 5106687000 MAIL ADDRESS: STREET 1: 48720 KATO RD CITY: FREMONT STATE: CA ZIP: 94538-1167 PUBLIC REFERENCE ACCESSION NUMBER: 0000921530-05-000265 LETTER 1 filename1.txt October 12, 2005 Via Facsimile (650) 493-6811 and U.S. Mail Jennifer Knapp Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304 RE: Exar Corporation DEFAs 14A filed October 7, 2005 and October 11, 2005 File No. 0-14225 Dear Ms. Knapp: We have the followings comment on the above-referenced filings. General 1. Clearly characterize each statement or assertion of opinion or belief. Note that a reasonable factual basis must exist for each such opinion or belief and support for opinions or beliefs should be self- evident, disclosed in the materials or provided to the staff on a supplemental basis. For example, we note the following in your DFAN 14A filed October 7, 2005: * "GW is the investment vehicle for Guy Adams, and individual with a track record of targeting companies for his personal benefit at the expense of shareholders;" * "Mr. Adams actions as an Exar shareholder have continued to focus solely on his own interests;" * "He is a short-term speculator;" * "GWA has admitted that it is a `short-seller`of Exar stock;" * "Indeed, only Adams (through GWA) owns any stock in Exar, and GWA`s interest is primarily as a short-seller seeking to drive the price of Exar stock down." * Your bulleted list on page 3; * "GWA has no understanding of Exar`s business nor any plan for Exar`s future." Please note that these are examples only. Please revise throughout your materials filed October 7, 2005 and October 11, 2005 accordingly. 2. We note the statement that Exar has preserved shareholder value almost 10 times greater than some members of its peer group. Please revise your disclosure to discuss your performance relative to the remainder of your peer group or explain to investors why you have not included such information. Closing Information If you believe a comment raised in this letter is inappropriate or feel that no change is required, indicate your position and the basis for that position in your response letter. In the absence of such response, we assume you will comply with staff comments. We may have additional comments based upon our receipt of the revised materials and your response to our comments. We urge all persons who are responsible for the accuracy and adequacy of the disclosure in the filings reviewed by the staff to be certain that they have provided all information investors require. Since the company 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. Please direct any questions to me at (202) 551-3345. Sincerely, Michael Pressman Special Counsel Office of Mergers and Acquisitions ?? ?? ?? ?? June 13, 2005 Page 2 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549-0405 DIVISION OF CORPORATION FINANCE -----END PRIVACY-ENHANCED MESSAGE-----