SEC Company Response from WINDTREE THERAPEUTICS (WINT) — Feb 4, 2009

WINDTREE THERAPEUTICS INC /DE/ (WINT, WINTW) (CIK 0000946486)
Date: Feb. 4, 2009 · CIK: 0000946486 · Accession: 0001144204-09-005158

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AI Filing Summary & Sentiment

File numbers found in text: 333-156237

Date

February 6, 2009

Author

Discovery

Form

CORRESP

Company

WINDTREE THERAPEUTICS INC /DE/ (WINT, WINTW) (CIK 0000946486)

Letter

Division of Corporation Finance United States Securities and Exchange Commission Mail Stop 6010, 100 F Street, NE Washington, D.C. 20549 Discovery Laboratories, Inc. Registration Statement on Form S-3 (File No. 333-156237)

Re:

Dear Mr. Reidler:

Discovery Laboratories, Inc., a Delaware corporation (the “Company”), hereby requests that the effectiveness of the Company’s Registration Statement on Form S-3, File No. 333-156237, be accelerated to 12:30 p.m., February 6, 2009, or as soon thereafter as is practicable.

In connection with this letter, the Company acknowledges 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 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.

Very
truly yours,
Discovery
Laboratories, Inc.

Show Raw Text

CORRESP
1
filename1.htm

    Unassociated Document

    February
4, 2009

    Jeffrey
Reidler, Assistant Director

    Division
of Corporation Finance

    United
States Securities and Exchange Commission

    Mail Stop
6010, 100 F Street, NE

    Washington,
D.C. 20549

              Re:

              Discovery
      Laboratories, Inc.
Registration Statement on Form S-3
(File No.
      333-156237)

    Dear Mr.
Reidler:

    Discovery Laboratories, Inc., a
Delaware corporation (the “Company”), hereby requests that the effectiveness of
the Company’s Registration Statement on Form S-3, File No. 333-156237, be
accelerated to 12:30 p.m., February 6, 2009, or as soon thereafter as is
practicable.

    In connection with this letter, the
Company acknowledges 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 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.

              Very
      truly yours,

              Discovery
      Laboratories, Inc.

                /s/
      Mary B. Templeton

                Mary
      B. Templeton, Esq.

                Senior
      Vice President,

              Deputy
      General Counsel

    Cc: Bryan
Pitko, Division of Corporate Finance, Securities and Exchange
Commission

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