SEC Comment Letter for CYTRX CORP (LADX) (CIK 0000799698) (LADX) — Feb 16, 2005
CYTRX CORP (LADX) (CIK 0000799698)
Date: Feb. 16, 2005 · CIK: 0000799698 · Accession: 0000000000-05-007763
AI Filing Summary & Sentiment
File numbers found in text: 333-122732
Letter
Via Facsimile and U.S. Mail Mail Stop 03-09 February 16, 2005 Steven A. Kriegsman CytRx Corporation 11726 San Vicente Boulevard, Suite 650 Los Angeles, CA 90049
RE: CytRx Coporation Registration Statement on Form S-1 Filed February 14, 2005 Registration No. 333-122732
Dear Mr. Kriegsman: This is to advise you that we have undertaken a limited review of the above referenced registration statement and have the following comment. Please provide updated financial statements in the registration statement, as required by Regulation 3-12 of Regulation S-X.
* * *
As appropriate, please amend your registration statement in response to this comment. You may wish to provide us with marked copies of the amendment to expedite our review. Please furnish a cover letter with your amendment that keys your responses to our comments and provides any requested supplemental information. Detailed cover letters greatly facilitate our review. Please understand that we may have additional comments after reviewing your amendment and responses to our comments.
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 registration statement, 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.
We will consider a written request for acceleration of the effective date of the registration statement as a confirmation of the fact that those requesting acceleration are aware of their respective responsibilities under the Securities Act of 1933 and the Securities Exchange Act of 1934 as they relate to the proposed public offering of the securities specified in the above registration statement. We will act on the request and, pursuant to delegated authority, grant acceleration of the effective date.
Please contact Michael Reedich at (202) 942-1815 or to me at (202) 942-1840.
Sincerely,
Jeffrey Riedler
Assistant Director
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<DOCUMENT>
<TYPE>LETTER
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<FILENAME>filename1.txt
<TEXT>
Via Facsimile and U.S. Mail
Mail Stop 03-09
February 16, 2005
Steven A. Kriegsman
CytRx Corporation
11726 San Vicente Boulevard, Suite 650
Los Angeles, CA 90049
RE: CytRx Coporation
Registration Statement on Form S-1
Filed February 14, 2005
Registration No. 333-122732
Dear Mr. Kriegsman:
This is to advise you that we have undertaken a limited
review
of the above referenced registration statement and have the
following
comment.
Please provide updated financial statements in the registration
statement, as required by Regulation 3-12 of Regulation S-X.
* * *
As appropriate, please amend your registration statement in
response to this comment. You may wish to provide us with marked
copies of the amendment to expedite our review. Please furnish a
cover letter with your amendment that keys your responses to our
comments and provides any requested supplemental information.
Detailed cover letters greatly facilitate our review. Please
understand that we may have additional comments after reviewing
your
amendment and responses to our comments.
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 registration
statement, 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.
We will consider a written request for acceleration of the
effective date of the registration statement as a confirmation of
the
fact that those requesting acceleration are aware of their
respective
responsibilities under the Securities Act of 1933 and the
Securities
Exchange Act of 1934 as they relate to the proposed public
offering
of the securities specified in the above registration statement.
We
will act on the request and, pursuant to delegated authority,
grant
acceleration of the effective date.
Please contact Michael Reedich at (202) 942-1815 or to me at
(202) 942-1840.
Sincerely,
Jeffrey Riedler
Assistant Director
cc: Sanford J. Hillsberg, Esq.
Troy & Gould
1801 Century Park East, Suite 1600
Los Angeles, CA 90067
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