SEC Company Response from AGREE REALTY CORP (ADC, ADC-PA) (CIK 0000917251) (ADC) — Nov 13, 2009
AGREE REALTY CORP (ADC, ADC-PA) (CIK 0000917251)
Date: Nov. 13, 2009 · CIK: 0000917251 · Accession: 0001144204-09-058675
AI Filing Summary & Sentiment
File numbers found in text: 333-161520
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CORRESP
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filename1.htm
Unassociated Document
AGREE
REALTY CORPORATION
31850
Northwestern Highway
Farmington
Hills, Michigan 48334
November
13, 2009
VIA
EDGAR AND FACSIMILE
Securities
and Exchange Commission
Division
of Corporation Finance
100 F Street NE
Mail Stop
4561
Washington,
DC 20549
Attn:
Ms.
Karen J. Garnett
Re:
Agree
Realty Corporation (the “Company”)
Registration Statement on Form
S-3
File No. 333-161520
Ladies
and Gentlemen:
The Company hereby requests that the
effective date for the Registration Statement referred to above be accelerated
so that it will be declared effective at 3:00 p.m. on November 16, 2009, or as
soon as practicable thereafter, pursuant to Rule 461 of the Securities Act of
1933, as amended.
The
Company confirms that no revisions were needed to be made to the Registration
Statement to reflect responses to the Commission’s comments issued related to
the Company’s periodic reports.
The Company acknowledges that (i)
should the Commission or the staff of the Commission, acting pursuant to
delegated authority, declare the filing effective, such declaration does not
foreclose the Commission from taking any action with respect to the filing; (ii)
the action of the Commission or the staff of the Commission, 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 (iii) the Company may not assert staff comments
and the declaration of effectiveness as a defense in any proceeding initiated by
the Commission or any person under the federal securities laws of the United
States.
Please
contact Jeffrey M. Sullivan of DLA Piper LLP (US) with any questions or comments
at (919) 786-2003. Thank you for your assistance with this
filing.
/s/ Kenneth R. Howe
Name:
Kenneth
R. Howe
Title:
Vice
President, Finance and Secretary