SEC Comment Letter for Cryoport, Inc. (CYRX) (CIK 0001124524) (CYRX) — Sep 14, 2016
Cryoport, Inc. (CYRX) (CIK 0001124524)
Date: Sept. 14, 2016 · CIK: 0001124524 · Accession: 0000000000-16-092720
AI Filing Summary & Sentiment
Reasoning
Letter
September 1 3, 2016 Via E -mail Robert Stefanovich Chief Financial Officer 17305 Daimler Street Irvine, CA 92614 Registration Statement on Form S -4 File No. 333 -213091 Filed August 30, 2016
Re: Cryoport, Inc. Schedule TO -I File No. 005 -85385
Dear Mr. Stefanovich :
We have reviewed the above filings and have the following comment .
General
1. We note your response to prior comment 3 and are unable to agree with your conclusion that “the Offer will not cause th e Original Warrants to cease being listed on the NASDAQ Capital Market” given that the exchange offer is an offer for all outstanding Original Warrants. Please provide further analysis explaining the basis upon which you have concluded that the purchase o f this class of securities is not sub ject to Exchange Act Rule 13e -3.
* * *
Please contact Justin A. Kisner, Staff Attorney, at (202) 551 -3788, or me at (202) 551 - 3444 with any questions.
Sincerely,
/s/ Perry J. Hindin
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September 1 3, 2016 Via E -mail Robert Stefanovich Chief Financial Officer 17305 Daimler Street Irvine, CA 92614 Re: Cryoport, Inc. Schedule TO -I File No. 005 -85385 Registration Statement on Form S -4 File No. 333 -213091 Filed August 30, 2016 Dear Mr. Stefanovich : We have reviewed the above filings and have the following comment . General 1. We note your response to prior comment 3 and are unable to agree with your conclusion that “the Offer will not cause th e Original Warrants to cease being listed on the NASDAQ Capital Market” given that the exchange offer is an offer for all outstanding Original Warrants. Please provide further analysis explaining the basis upon which you have concluded that the purchase o f this class of securities is not sub ject to Exchange Act Rule 13e -3. * * * Please contact Justin A. Kisner, Staff Attorney, at (202) 551 -3788, or me at (202) 551 - 3444 with any questions. Sincerely, /s/ Perry J. Hindin Perry J. Hindin Specia l Counsel Office of Mergers and Acquisitions Mr. Robert Stefanovich Cryoport, Inc. September 13 , 2016 Page 2 cc: Via E -mail Anthony Ippolito, Esq. Snell & Wilmer L.L.P.