-----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, UNEzQzbBwLarx41xHn0zozTBOu4G3qYEHSoyvcUxjsZEFoTnQI35iCsDgqfGfzVU PLtqh7ppAkkBITCOqOEJ9Q== 0000000000-05-052212.txt : 20060712 0000000000-05-052212.hdr.sgml : 20060712 20051012122410 ACCESSION NUMBER: 0000000000-05-052212 CONFORMED SUBMISSION TYPE: UPLOAD PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20051012 FILED FOR: COMPANY DATA: COMPANY CONFORMED NAME: GRAPHON CORP/DE CENTRAL INDEX KEY: 0001021435 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 133899021 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: UPLOAD BUSINESS ADDRESS: STREET 1: 5400 SOQUEL AVENUE STREET 2: SUITE A2 CITY: SANTA CRUZ STATE: CA ZIP: 95062 BUSINESS PHONE: 8004727466 MAIL ADDRESS: STREET 1: 5400 SOQUEL AVENUE STREET 2: SUITE A2 CITY: SANTA CRUZ STATE: CA ZIP: 95062 FORMER COMPANY: FORMER CONFORMED NAME: UNITY FIRST ACQUISITION CORP DATE OF NAME CHANGE: 19960823 LETTER 1 filename1.txt Mail Stop 4561 October 11, 2005 William D. Swain Secretary and Chief Financial Officer GraphOn Corporation 3130 Winkle Avenue Santa Cruz, California 95065 Re: GraphOn Corporation Form 10-Q: For the Quarterly Period Ended March 31, 2005 Filed May 23, 2005 File No. 000-21683 Dear Mr. Swain, We have received you response letter dated September 29, 2005 and have the following accounting comment on your financial statements. Form 10-Q For the Period Ending March 31, 2005 Note 3. 2005 Private Placement, Page 6 1. We note in your response to prior comment # 4 that you continue to believe the holder`s lack of control over the ability to convert results in the inapplicability of the guidance in EITF 98-5. As previously requested, tell us what authoritative literature you relied upon to make this determination. That is, indicate the basis for your analysis of the "two essential criteria of a convertible security." The instruments were "preferred stock" and contained a conversion feature that even though it was automatic the instruments were still convertible. Further, since a beneficial conversion feature existed at the date of the private placement, tell us how you considered the guidance in paragraph 13 of EITF 98-5. * * * * * You may contact Stephen Krikorian, Accounting Branch Chief at (202) 551-3730 if you have question regarding comments on the financial statements and related matters. Sincerely, Stephen Krikorian Accounting Branch Chief ?? ?? ?? ?? William D. Swain GraphOn Corporation October 11, 2005 Page 1 -----END PRIVACY-ENHANCED MESSAGE-----