-----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, DFBEQFZb06L4mvhfcbeONdPggc7NQKjN0yOKvz138bbXZfd6o0blqa21J11Lh5sm PiWkiOBu/ybDEeHM24fCYA== 0000000000-07-009856.txt : 20070417 0000000000-07-009856.hdr.sgml : 20070417 20070226092710 ACCESSION NUMBER: 0000000000-07-009856 CONFORMED SUBMISSION TYPE: UPLOAD PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20070226 FILED FOR: COMPANY DATA: COMPANY CONFORMED NAME: BANDAG INC CENTRAL INDEX KEY: 0000009534 STANDARD INDUSTRIAL CLASSIFICATION: TIRES AND INNER TUBES [3011] IRS NUMBER: 420802143 STATE OF INCORPORATION: IA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: UPLOAD BUSINESS ADDRESS: STREET 1: 2905 NORTH HIGHWAY 61 STREET 2: BANDAG HEADQUARTERS CITY: MUSCATINE STATE: IA ZIP: 52761-5886 BUSINESS PHONE: 5632621400 MAIL ADDRESS: STREET 1: 2905 N HIGHWAY 61 STREET 2: BANDAG HEADQUARTERS CITY: MUSCATINE STATE: IA ZIP: 52761-5886 PUBLIC REFERENCE ACCESSION NUMBER: 0000897069-06-002666 LETTER 1 filename1.txt February 22, 2007 By facsimile to (414) 297-4900 and U.S. Mail Mr. Martin G. Carver Chairman, Chief Executive Officer, and President Bandag, Incorporated Bandag Headquarters 2905 North Highway 61 Muscatine, IA 52761-5886 Re: Bandag, Incorporated Revised Preliminary Proxy Statement on Schedule 14A Filed February 14, 2007 Dear Mr. Carver: We limited our review of the filings to those issues that we have addressed in our comments. Where indicated, we think that you should revise the documents in response to the comments. If you disagree, we will consider your explanation why a comment is inapplicable or a revision is unnecessary. Be as detailed as necessary in your explanation. To understand better your disclosure, we may ask you in some comments to provide us supplemental information. We may raise additional comments after reviewing this information. Our review`s purpose is to assist you in your compliance with applicable disclosure requirements and to enhance the overall disclosure in your documents. We look forward to working with you to achieve these objectives. We welcome any questions that you may have about comments or any other aspect of our review. You may call us at the telephone numbers listed at the end of this letter. Forward - Looking Financial Information, page 26 1. Please remove the statement in the last sentence of the first paragraph that readers should not rely on the forward looking information. Note that we do not object to a statement that readers should not place undue reliance on the information, as actual results may vary from the forecasts. Interests of our Executive Officers and Directors, page 27 2. Regarding the waivers you will try to obtain from holders of equity awards, please clarify whether obtaining the waivers is a condition to closing under the merger agreement, and explain what will happen to the awards in the merger if the requisite consents are not obtained. Security Ownership of Certain Beneficial Owners, page 51 3. We note that this information is presented as of December 31, 2006 for persons who are executive officers as of December 31, 2005. Please update this information to be as of the most recent practicable date, and provide it for each of the named executive officers as defined in Item 402(a)(3). Note that this includes persons serving as your principal executive officer, principal financial officer, and three other most highly compensated officers serving at the end of your most recently completed fiscal year. Appendix B -- Opinion of William Blair & Company, 4. We note your response to prior comment 13 regarding our objection to the phrase "solely for the confidential use of the Board of Directors". We believe that this disclaimer is inconsistent with your disclosure regarding fairness of the transaction to shareholders and should be deleted, notwithstanding that it is contained in William Blair`s opinion given on December 5, 2007. Please see the link entitled "Excerpt from November 2000 Current Issues Outline" under "Compliance and Disclosure Interpretations -- Regulation M-A and Related Rules" in the Corporation Finance section of our website (www.sec.gov) for a further explanation of staff`s position in this regard. If you believe that shareholders are not entitled to rely on William Blair`s opinion, please make this clear in your proxy statement, and include the three point discussion contemplated by the Current Issues Outline. Closing File a revised Pre14A in response to the comments. To expedite our review, you may wish to provide us with marked courtesy copies of the filings. Include with the filing a cover letter tagged as correspondence that keys the responses to the comments and any supplemental information requested. If you think that compliance with any of the comments is inappropriate, provide the basis in the letter. We may have additional comments after review of the filings, the responses to the comments, and any supplemental information. You may direct questions on comments and other disclosure issues to Edward M. Kelly, Senior Counsel, at (202) 551-3728 or me at (202) 551-3760. Very truly yours, Pamela A. Long Assistant Director cc: Peter D. Fetzer, Esq. Jay O. Rothman, Esq. Foley & Lardner LLP 777 East Wisconsin Avenue Milwaukee, WI 53202-5306 Mr. Martin G. Carver February 22, 2007 Page 1 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549-7010 DIVISION OF CORPORATION FINANCE -----END PRIVACY-ENHANCED MESSAGE-----