SEC Company Response from CALYPTE BIOMEDICAL CORP (CIK 0000899426) — Dec 27, 2004
CALYPTE BIOMEDICAL CORP (CIK 0000899426)
Date: Dec. 27, 2004 · CIK: 0000899426 · Accession: 0001144204-04-022754
AI Filing Summary & Sentiment
File numbers found in text: 333-119646
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<TYPE>CORRESP
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<FILENAME>filename1.txt
<TEXT>
BARATTA & GOLDSTEIN
ATTORNEYS AT LAW
597 FIFTH AVENUE
NEW YORK, N.Y. 10017
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JOSEPH P. BARATTA (212) 750-9700 FACSIMILE: (212) 750-8297
HOWARD J. GOLDSTEIN INFO@BARAGOLD.COM
LOUIS R. AIDALA OF COUNSEL
JOAN PALERMO MARGARET M. STANTON
JOSEPH A. BARATTA* LINDA MARYANOV
SAMUEL M. GREENFIELD
* Admitted in NY and NJ
December 27, 2004
Via EDGAR
David Ritenour, Special Counsel
Securities and Exchange Commission
450 Fifth Street, NW
Washington, D.C. 20549-0306
Re: Calypte Biomedical Corporation
Amendment No. 2 to Registration Statement on Form SB-2
Filed December 27, 2004
File No. 333-119646
Dear Mr. Ritenour:
On behalf of Calypte Biomedical Corporation ("Calypte" or the "Company"), please
permit the within to serve as a supplemental response to the Commission's letter
of December 21, 2004.
In that regard Exhibit 5.1 to the Registration Statement has been amended to
remove the assumptions referenced in points 1 through 4 of the Commission's
letter of December 21, 2004. Further in accord with the Commission's letter,
reference to the General Corporation Law of the State of Delaware has been
expanded to include reference to statutory provisions and applicable provisions
of the Delaware Constitution and reported judicial decisions. Additionally, the
penultimate paragraph has been deleted from exhibit 5.1. Finally, the limiting
language as referenced in point 7 of the Commission's letter has been removed.
By way of separate correspondence, the Company has requested acceleration of the
effective date of the registration. Should you have any questions please do not
hesitate to contact the undersigned.
Very truly yours,
BARATTA & GOLDSTEIN
/s/ Joseph A. Baratta
JOSEPH A. BARATTA
JAB/dr
Enc.
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