SEC Comment Letter 0000000000-24-003387 to LEXICON PHARMACEUTICALS, INC. (LXRX) (CIK 0001062822) (LXRX)
LEXICON PHARMACEUTICALS, INC. (LXRX) (CIK 0001062822)
Date: March 29, 2024 · CIK: 0001062822 · Accession: 0000000000-24-003387
AI Filing Summary & Sentiment
File numbers found in text: 333-278210
Letter
United States securities and exchange commission logo March 29, 2024 Lonnel Coats Chief Executive Officer Lexicon Pharmaceuticals, Inc. 2445 Technology Forest Blvd., 11th Floor The Woodlands, TX 77381 Re:Lexicon Pharmaceuticals, Inc. Registration Statement on Form S-3 Filed March 25, 2024 File No. 333-278210 Dear Lonnel Coats: We have conducted a limited review of your registration statement and have the following comment. Please respond to this letter by amending your registration statement and providing the requested information. If you do not believe a comment applies to your facts and circumstances or do not believe an amendment is appropriate, please tell us why in your response. After reviewing any amendment to your registration statement and the information you provide in response to this letter, we may have additional comments. Registration Statement on Form S-3 General 1.We note that you are registering the resale of up to 57,661,250 shares of common stock. However, we note from your disclosure on page 12 that you currently have 300,000,000 shares of common stock authorized at this time. Please either revise the resale offering so that the volume of common stock registered in the resale offering does not exceed the number of shares of common stock that remain available for issuance at the time you anticipate having the registration statement declared effective or revise to update your disclosure and opinion of counsel once the amendment to your charter referenced on page 5 has been approved by your stockholders. For guidance, refer to Section II.B.1.a of Staff Legal Bulletin No. 19. We remind you that the company and its management are responsible for the accuracy and adequacy of their disclosures, notwithstanding any review, comments, action or absence of
FirstName LastNameLonnel Coats Comapany NameLexicon Pharmaceuticals, Inc. March 29, 2024 Page 2 FirstName LastName Lonnel Coats Lexicon Pharmaceuticals, Inc. March 29, 2024 Page 2 action by the staff. Refer to Rules 460 and 461 regarding requests for acceleration. Please allow adequate time for us to review any amendment prior to the requested effective date of the registration statement. Please contact Tyler Howes at 202-551-3370 or Tim Buchmiller at 202-551-3635 with any other questions. Sincerely, Division of Corporation Finance Office of Life Sciences cc: Jackson A. O'Maley, Esq.
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United States securities and exchange commission logo
March 29, 2024
Lonnel Coats
Chief Executive Officer
Lexicon Pharmaceuticals, Inc.
2445 Technology Forest Blvd., 11th Floor
The Woodlands, TX 77381
Re:Lexicon Pharmaceuticals, Inc.
Registration Statement on Form S-3
Filed March 25, 2024
File No. 333-278210
Dear Lonnel Coats:
We have conducted a limited review of your registration statement and have the
following comment.
Please respond to this letter by amending your registration statement and providing the
requested information. If you do not believe a comment applies to your facts and circumstances
or do not believe an amendment is appropriate, please tell us why in your response.
After reviewing any amendment to your registration statement and the information you
provide in response to this letter, we may have additional comments.
Registration Statement on Form S-3
General
1.We note that you are registering the resale of up to 57,661,250 shares of common
stock. However, we note from your disclosure on page 12 that you currently have
300,000,000 shares of common stock authorized at this time. Please either revise the
resale offering so that the volume of common stock registered in the resale offering does
not exceed the number of shares of common stock that remain available for issuance at the
time you anticipate having the registration statement declared effective or revise to update
your disclosure and opinion of counsel once the amendment to your charter referenced on
page 5 has been approved by your stockholders. For guidance, refer to Section
II.B.1.a of Staff Legal Bulletin No. 19.
We remind you that the company and its management are responsible for the accuracy
and adequacy of their disclosures, notwithstanding any review, comments, action or absence of
FirstName LastNameLonnel Coats
Comapany NameLexicon Pharmaceuticals, Inc.
March 29, 2024 Page 2
FirstName LastName
Lonnel Coats
Lexicon Pharmaceuticals, Inc.
March 29, 2024
Page 2
action by the staff.
Refer to Rules 460 and 461 regarding requests for acceleration. Please allow adequate
time for us to review any amendment prior to the requested effective date of the registration
statement.
Please contact Tyler Howes at 202-551-3370 or Tim Buchmiller at 202-551-3635 with
any other questions.
Sincerely,
Division of Corporation Finance
Office of Life Sciences
cc: Jackson A. O'Maley, Esq.