-----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, R7onprVhb37AcF/h+gvPpYysUgrFj1Tmlk/uIsiSgDBx55lDeUNzzO9olG8MQIIL zbdo2/XbLqgG+HyX2Un3Yg== 0000000000-07-016673.txt : 20080815 0000000000-07-016673.hdr.sgml : 20080814 20070404125224 ACCESSION NUMBER: 0000000000-07-016673 CONFORMED SUBMISSION TYPE: UPLOAD PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20070404 FILED FOR: COMPANY DATA: COMPANY CONFORMED NAME: HEADWATERS INC CENTRAL INDEX KEY: 0001003344 STANDARD INDUSTRIAL CLASSIFICATION: MISCELLANEOUS PRODUCTS OF PETROLEUM & COAL [2990] IRS NUMBER: 870547337 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: UPLOAD BUSINESS ADDRESS: STREET 1: 10653 SOUTH RIVERFRONT PARKWAY STREET 2: SUITE 300 CITY: SOUTH JORDAN STATE: UT ZIP: 84095 BUSINESS PHONE: 8019849400 MAIL ADDRESS: STREET 1: 10653 SOUTH RIVERFRONT PARKWAY STREET 2: SUITE 300 CITY: SOUTH JORDAN STATE: UT ZIP: 84095 FORMER COMPANY: FORMER CONFORMED NAME: COVOL TECHNOLOGIES INC DATE OF NAME CHANGE: 19951113 PUBLIC REFERENCE ACCESSION NUMBER: 0001193125-07-008449 LETTER 1 filename1.txt April 4, 2007 By facsimile to (415) 983-1200 and U.S. Mail Mr. Kirk A. Benson Chairman and Chief Executive Officer Headwaters Incorporated 10653 South River Front Parkway, Suite 300 South Jordan, UT 84095 Re: Headwaters Incorporated Pre-effective Amendment 2 to Registration Statement on Form S-4 Filed March 27, 2007 File No. 333-140067 Dear Mr. Benson: We reviewed the filing and have the comments below. Summary, Taxation, page 5 1. As requested previously, please revise to state that this is counsel`s opinion and delete "we believe" and "consistent with our opinion." Please comply also in the risk factors section on pages 25 and 27. Conversion Rate Adjustment upon Certain Fundamental Changes, page 12; Adjustment to Conversion Rate Upon a Fundamental Change, page 64 2. Refer to prior comment 4. As requested previously, please provide an example at page 12. Further, the table on page 65, as designed, does not appear to include a place for showing the number of additional shares per $1,000 principal amount of new securities by which the conversion rate will be increased. Please revise. Closing File an amendment to the S-4 in response to the comments. To expedite our review, you may wish to provide us three marked courtesy copies of the filing. 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 filing, the responses to the comments, and any supplemental information. We urge all persons responsible for the accuracy and adequacy of the disclosures in the filings reviewed by us to make certain that they have provided all information that investors require for an informed decision. Since Headwaters and its management are in possession of all facts relating to the disclosures in the filings, they are responsible for the adequacy and accuracy of the disclosures that they have made. When responding to our comments, provide a written statement from Headwaters acknowledging that: * Headwaters is responsible for the adequacy and accuracy of the disclosures in the filings. * Our comments or changes to disclosures in response to our comments do not foreclose the Commission from taking any action on the filings. * Headwaters may not assert our comments as a defense in any proceedings initiated by the Commission or any person under the United States` federal securities laws. The Commission`s Division of Enforcement has access to all information that Headwaters provide us in our review of the filings or in response to our comments on the filings. You may direct questions on accounting comments to Melissa N. Rocha, Staff Accountant, at (202) 551-3854 or Alfred P. Pavot, Jr., Staff Accountant, at (202) 551-3738. You may direct questions on other comments and disclosure issues to Edward M. Kelly, Senior Counsel, at (202) 551-3728 or me at (202) 551-3767. Very truly yours, Jennifer R. Hardy Legal Branch Chief cc: Linda C. Williams, Esq. Pillsbury Winthrop Shaw Pittman LLP 50 Fremont Street San Francisco, CA 94105 Mr. Kirk A. Benson April 4, 2007 Page 1 1 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549-7010 DIVISION OF CORPORATION FINANCE -----END PRIVACY-ENHANCED MESSAGE-----