SEC Comment Letter for ELITE PHARMACEUTICALS (ELTP) — Jul 6, 2016
ELITE PHARMACEUTICALS INC /NV/ (ELTP) (CIK 0001053369)
Date: July 6, 2016 · CIK: 0001053369 · Accession: 0000000000-16-083251
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File numbers found in text: 333-212266
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Mail Stop 4720 July 6, 2016 Nasrat Hakim Chief Executive Officer Elite Pharmaceuticals, Inc . 165 Ludlow Avenue Northvale, NJ 07647 Re: Elite Pharmaceuticals, Inc . Registration Statement on Form S-1 Filed June 27, 2016 File No. 333-212266 Dear Mr. Hakim : We have limited our review of your registration statement to consideration of your pending request for confidential treatment. Please be advised that we will not be in a position to declare this registration statement effective until we resolve all issues concerning the confidential treatment request. We urge all persons who are responsible for the accuracy and adequacy of the disclosure in the filing to be ce rtain that the filing includes the information the Securities Act of 193 3 and all applicable Securities Act rules require. Since the company and its management are in possession of all facts relating to a company’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. Notwithstanding our comments, in the event you request acceleration of the effective date of the pending registration statement , please provide a written statement from the company acknowledging 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 pur suant 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. Nasrat Hakim Elite Pharmaceuticals, Inc. July 6, 2016 Page 2 Please refer to Rules 460 and 461 regarding requests for acceleration . We will consider a written request for acceleration of the effective date of the registration statement as confirmation of the fact that those requesting acceleration are aware of their respective responsibilities under the Securities Act of 1933 and the Securities Exchange Act of 1934 as they relate to the proposed public offering of the securities specified in the above registration statement. Please allow adequate time for us to review any amendment prior to the requested effective date of the registration statement. Please contact Christina Thomas at (202) 551 -3577 or me at (202) 551 -3675 with any other questions. Sincerely, /s/ Joseph McCann for Suzanne Hayes Assistant Director Office of Healthcare and Insurance cc: Richard Feiner, Esq. Silverman Shin & Byrne PLLC