SEC Comment Letter for IVAX CORP (CIK 0000772197) — Mar 2, 2005
IVAX CORP (CIK 0000772197)
Date: March 2, 2005 · CIK: 0000772197 · Accession: 0000000000-05-009965
AI Filing Summary & Sentiment
File numbers found in text: 333-122753
Letter
Mail Stop 0309 March 2, 2005 Steven D. Rubin, Esq. Senior Vice President General Counsel and Secretary IVAX Corporation Miami, FL 33137
Re: IVAX Corporation Application for Qualification of Indentures on Form T-3 File Number 022-28774
Dear Mr. Rubin:
This is to advise you that we have limited our review of the above referenced Form T-3 for resolution of your outstanding comments on the registration statement on Form S-3 (file number 333-122753) filed with the Commission on February 11, 2005. In addition, we are monitoring your Form T-3 for inclusion of the delaying amendment language on the front cover of your Form T-3.
Under delegated authority, we will grant a request for acceleration of the effective date of your Form T-3 (file number 022- 28774) once you have complied with our comments to your Form S-3 (file number 333-122753) and any additional comments we may have on your amended disclosure. We will consider your request for acceleration of the effective date, and any request from underwriters, if applicable, as confirmation of the fact that those making the request are aware of their obligations under the Securities Act of 1933 and the Exchange Act of 1934.
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 for an informed decision. 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.
Notwithstanding our comments, in the event the company requests acceleration of the effective date of the pending Form T-3, it should furnish a letter, at the time of such request, acknowledging that:
* should the Commission or the staff, acting pursuant to delegated authority, declare the filing effective, it does not foreclose the Commission from taking any action with respect to the filing;
* the action of the Commission or the staff, acting pursuant to delegated authority, in declaring the filing effective, does not relieve the company from its full responsibility for the adequacy and accuracy of the disclosure in the filing; and
* the company may not assert this action as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States.
In addition, please be advised that the Division of Enforcement has access to all information you provide to the staff of the Division of Corporation Finance in connection with our review of your filing or in response to our comments on your filing.
Please contact Song Brandon at (202) 942-2831 me at (202) 942- 1840 with any questions.
Sincerely,
Jeffrey P. Riedler
Assistant Director
Show Raw Text
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<TEXT>
Mail Stop 0309
March 2, 2005
Steven D. Rubin, Esq.
Senior Vice President
General Counsel and Secretary
IVAX Corporation
Miami, FL 33137
Re: IVAX Corporation
Application for Qualification of Indentures on Form T-3
File Number 022-28774
Dear Mr. Rubin:
This is to advise you that we have limited our review of the
above referenced Form T-3 for resolution of your outstanding
comments
on the registration statement on Form S-3 (file number 333-122753)
filed with the Commission on February 11, 2005. In addition, we
are
monitoring your Form T-3 for inclusion of the delaying amendment
language on the front cover of your Form T-3.
Under delegated authority, we will grant a request for
acceleration of the effective date of your Form T-3 (file number
022-
28774) once you have complied with our comments to your Form S-3
(file number 333-122753) and any additional comments we may have
on
your amended disclosure. We will consider your request for
acceleration of the effective date, and any request from
underwriters, if applicable, as confirmation of the fact that
those
making the request are aware of their obligations under the
Securities Act of 1933 and the Exchange Act of 1934.
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
for
an informed decision. 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.
Notwithstanding our comments, in the event the company
requests
acceleration of the effective date of the pending Form T-3, it
should
furnish a letter, at the time of such request, acknowledging that:
* should the Commission or the staff, acting pursuant to delegated
authority, declare the filing effective, it does not foreclose the
Commission from taking any action with respect to the filing;
* the action of the Commission or the staff, acting pursuant to
delegated authority, in declaring the filing effective, does not
relieve the company from its full responsibility for the adequacy
and
accuracy of the disclosure in the filing; and
* the company may not assert this action as a defense in any
proceeding initiated by the Commission or any person under the
federal securities laws of the United States.
In addition, please be advised that the Division of
Enforcement
has access to all information you provide to the staff of the
Division of Corporation Finance in connection with our review of
your
filing or in response to our comments on your filing.
Please contact Song Brandon at (202) 942-2831 me at (202)
942-
1840 with any questions.
Sincerely,
Jeffrey P. Riedler
Assistant Director
cc: Alison W. Miller, Esq.
Miriam Alfonso, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 West Flagler Street, Suite 2200
Miami, FL 33130
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