SEC Company Response from ACTIVE POWER INC (CIK 0001044435) — May 13, 2005
ACTIVE POWER INC (CIK 0001044435)
Date: May 13, 2005 · CIK: 0001044435 · Accession: 0001193125-05-106615
AI Filing Summary & Sentiment
File numbers found in text: 333-123586
Letter
VIA EDGARLINK TRANSMISSION AND Securities and Exchange Commission Division of Corporation Finance Washington, DC 20549 Attn: H. Christopher Owings Re: Active Power, Inc. Registration Statement on Form S-3 (Reg No. 333-123586)
Dear Mr. Owings:
Pursuant to Rule 461 of the General Rules and Regulations under the Securities Act of 1933, as amended, the undersigned registrant of the offering pursuant to the above-captioned Registration Statement hereby respectfully requests that the effective time of the above-captioned Registration Statement, as amended, be accelerated to 2:00 p.m. Washington, D.C. time, on May 17, 2005, or as soon thereafter as practicable.
In addition, Active Power, Inc. herby acknowledges:
•
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 Active Power, Inc. from its full responsibility for the adequacy and accuracy of the disclosure in the filing; and
•
Active Power, Inc. 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,
ACTIVE POWER, INC.
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CORRESP 1 filename1.htm ACCELERATION REQUEST ACTIVE POWER, INC. 2128 W. Braker Lane, BK12 Austin, Texas 78758 Telephone: (512) 836-6464 May 13, 2005 VIA EDGARLINK TRANSMISSION AND FACSIMILE (202) 942-9648 Securities and Exchange Commission Division of Corporation Finance 450 Fifth Street, N.W. Washington, DC 20549 Attn: H. Christopher Owings Re: Active Power, Inc. Registration Statement on Form S-3 (Reg No. 333-123586) Dear Mr. Owings: Pursuant to Rule 461 of the General Rules and Regulations under the Securities Act of 1933, as amended, the undersigned registrant of the offering pursuant to the above-captioned Registration Statement hereby respectfully requests that the effective time of the above-captioned Registration Statement, as amended, be accelerated to 2:00 p.m. Washington, D.C. time, on May 17, 2005, or as soon thereafter as practicable. In addition, Active Power, Inc. herby acknowledges: • 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 Active Power, Inc. from its full responsibility for the adequacy and accuracy of the disclosure in the filing; and • Active Power, Inc. 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, ACTIVE POWER, INC. By: /s/ John Penver John Penver Vice President and Chief Financial Officer cc: Scott Anderegg [Staff] Ellie Quarles [Staff] Michael Chibib [Active Power, Inc.] Matthew Lyons [Andrews Kurth LLP] Ted Gilman [Andrews Kurth LLP]