SEC Company Response from GLOBIX CORP (CIK 0001003111) — Aug 29, 2005
GLOBIX CORP (CIK 0001003111)
Date: Aug. 29, 2005 · CIK: 0001003111 · Accession: 0001019687-05-002434
AI Filing Summary & Sentiment
File numbers found in text: 333-125185
Referenced dates: August 9, 2005, June 23, 2005
Letter
Bonnie J. Roe Direct Dial: (212) 829-3605 E-mail: bjroe@dbh.com August 29, 2005 Securities and Exchange Commission Division of Corporation Finance 100 F Street, NE Washington, DC 20549 Attention: Mark P. Shuman
Re: GLOBIX CORPORATION REGISTRATION STATEMENT ON FORM S-3 FILE NO. 333-125185
Dear Mr. Shuman:
On behalf of Globix Corporation, a Delaware corporation (the "Company" or "Globix"), we hereby submit for filing under the Securities Act of 1933 Amendment No. 2 to the Registration Statement on Form S-3, Registration No. 333-125185 (the "Registration Statement") relating to the sale of shares of Globix common stock by certain selling stockholders.
Set forth below are the Company's responses to the comments given by the staff (the "Staff") of the Securities and Exchange Commission (the "SEC") by letter dated August 9, 2005 with respect to the Registration Statement.
The following responses are keyed to the sequential numbering of the comments in the SEC letter.
875 Third Avenue | New York, NY 10022 | t 212 829 3600 f 212 829 3601 -------------------------------------------------------------------------------- Boston Greenwich Hartford New Haven New York Stamford West Hartford www.dbh.com
<PAGE> Securities and Exchange Commission Page -2- August 29, 2005
FORM S-3
SELLING HOLDERS, PAGE 17
COMMENT 1. We note that changes to footnote 3 and 10 were not disclosed on the copy marked to show changes that was submitted to the Commission via EDGAR. Please advise if there were any other changes made that were not illustrated in the filed version.
RESPONSE 1. The Company has reviewed the copy of the document submitted to the Commission via EDGAR and determined all other changes were R-tagged in the EDGAR version filed with the Commission except for changes made to (i) the phone number of Day, Berry & Howard on the cover page of the Registration Statement and (ii) the Calculation of Registration Fee table.
COMMENT 2. We refer you to comment 4 of our letter dated June 23, 2005. We note that your have revised this section to state that Loeb Partners and Goldman Sachs are underwriters but have not made corresponding changes to the "Plan of Distribution" section. Please revise to prominently state that Loeb Partners and Goldman Sachs are underwriters.
RESPONSE 2. The Company has revised the prospectus in response to the comment.
Should you have any questions or comments with respect to the foregoing, please do not hesitate to contact the undersigned at (212) 829-3605 or Anna Hunnicutt at (617) 345-4686.
Very truly yours,
/s/ Bonnie J. Roe
-----------------
Bonnie J. Roe
Show Raw Text
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<PAGE>
DAY, BERRY & HOWARD LLP
COUNSELLORS AT LAW
Bonnie J. Roe
Direct Dial: (212) 829-3605
E-mail: bjroe@dbh.com
August 29, 2005
Securities and Exchange Commission
Division of Corporation Finance
100 F Street, NE
Washington, DC 20549
Attention: Mark P. Shuman
Re: GLOBIX CORPORATION
REGISTRATION STATEMENT ON FORM S-3
FILE NO. 333-125185
Dear Mr. Shuman:
On behalf of Globix Corporation, a Delaware corporation (the "Company"
or "Globix"), we hereby submit for filing under the Securities Act of 1933
Amendment No. 2 to the Registration Statement on Form S-3, Registration No.
333-125185 (the "Registration Statement") relating to the sale of shares of
Globix common stock by certain selling stockholders.
Set forth below are the Company's responses to the comments given by
the staff (the "Staff") of the Securities and Exchange Commission (the "SEC") by
letter dated August 9, 2005 with respect to the Registration Statement.
The following responses are keyed to the sequential numbering of the
comments in the SEC letter.
875 Third Avenue | New York, NY 10022 | t 212 829 3600 f 212 829 3601
--------------------------------------------------------------------------------
Boston Greenwich Hartford New Haven New York Stamford West Hartford
www.dbh.com
<PAGE>
Securities and Exchange Commission
Page -2-
August 29, 2005
FORM S-3
SELLING HOLDERS, PAGE 17
COMMENT 1. We note that changes to footnote 3 and 10 were not disclosed
on the copy marked to show changes that was submitted to the Commission via
EDGAR. Please advise if there were any other changes made that were not
illustrated in the filed version.
RESPONSE 1. The Company has reviewed the copy of the document submitted
to the Commission via EDGAR and determined all other changes were R-tagged in
the EDGAR version filed with the Commission except for changes made to (i) the
phone number of Day, Berry & Howard on the cover page of the Registration
Statement and (ii) the Calculation of Registration Fee table.
COMMENT 2. We refer you to comment 4 of our letter dated June 23, 2005.
We note that your have revised this section to state that Loeb Partners and
Goldman Sachs are underwriters but have not made corresponding changes to the
"Plan of Distribution" section. Please revise to prominently state that Loeb
Partners and Goldman Sachs are underwriters.
RESPONSE 2. The Company has revised the prospectus in response to the
comment.
Should you have any questions or comments with respect to the
foregoing, please do not hesitate to contact the undersigned at (212) 829-3605
or Anna Hunnicutt at (617) 345-4686.
Very truly yours,
/s/ Bonnie J. Roe
-----------------
Bonnie J. Roe
cc: Peter K. Stevenson
GLOBIX CORPORATION
Robert M. Dennerlein
GLOBIX CORPORATION
James C. Schroeder, Esq.
GLOBIX CORPORATION
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