SEC Comment Letter for Anixa Biosciences Inc (ANIX) (CIK 0000715446) (ANIX) — Jun 11, 2013
Anixa Biosciences Inc (ANIX) (CIK 0000715446)
Date: June 11, 2013 · CIK: 0000715446 · Accession: 0000000000-13-031819
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 333-188096
Referenced dates: May 21, 2013, May 28, 2013
Letter
June 11 , 2013 Via E -Mail Robert A. Berman, CEO CopyTele, Inc. 900 Walt Whitman Road Melville, NY 11747
Re: CopyTele, Inc. Registration Statement on Form S-1 Filed April 24, 2013 File No. 333-188096
Dear Mr. Berman :
We have reviewed your response letter dated May 28, 2013 and have the following comment. References to prior comments are to those in our letter dated May 21, 2013.
General
1. We note your response to prior comment four. In view of CopyTele’s ability to determine a new minimum price each time it issues a VWAP Purchase Notice , the pricing terms of the equity line are subject to future negotiations between the parties and, therefore, the agreement between CopyTele and Aspire Capital Fund (“Aspire”) is not a permissi ble equity line financing st ructure. Accordingly, we believe you should withdraw the registration statement . In any re -negotiated equity line agreement , ensure that neither the co mpany nor Aspire is able to influence the floor price that will apply to any put, or to amend or waive such provisions.
If you have any qu estions regarding this comment , please contact Matthew Crispino, Staff Attorney, at (202) 551 -3456 or, in his absenc e, me at (202) 551 -3462. Should you require further assistance, you may contact Barbara C. Jacobs, Assistant Director, at (202) 551 -3730.
Sincerely,
/s/ Mark P. Shuman
Show Raw Text
June 11 , 2013 Via E -Mail Robert A. Berman, CEO CopyTele, Inc. 900 Walt Whitman Road Melville, NY 11747 Re: CopyTele, Inc. Registration Statement on Form S-1 Filed April 24, 2013 File No. 333-188096 Dear Mr. Berman : We have reviewed your response letter dated May 28, 2013 and have the following comment. References to prior comments are to those in our letter dated May 21, 2013. General 1. We note your response to prior comment four. In view of CopyTele’s ability to determine a new minimum price each time it issues a VWAP Purchase Notice , the pricing terms of the equity line are subject to future negotiations between the parties and, therefore, the agreement between CopyTele and Aspire Capital Fund (“Aspire”) is not a permissi ble equity line financing st ructure. Accordingly, we believe you should withdraw the registration statement . In any re -negotiated equity line agreement , ensure that neither the co mpany nor Aspire is able to influence the floor price that will apply to any put, or to amend or waive such provisions. If you have any qu estions regarding this comment , please contact Matthew Crispino, Staff Attorney, at (202) 551 -3456 or, in his absenc e, me at (202) 551 -3462. Should you require further assistance, you may contact Barbara C. Jacobs, Assistant Director, at (202) 551 -3730. Sincerely, /s/ Mark P. Shuman Mark P. Shuman Branch Chief – Legal cc: Via Email Michael D. Schwamm , Esq. Duane Morris LLP