SEC Comment Letter for ENANTA PHARMACEUTICALS INC (ENTA) (CIK 0001177648) (ENTA) — Nov 14, 2012
ENANTA PHARMACEUTICALS INC (ENTA) (CIK 0001177648)
Date: Nov. 14, 2012 · CIK: 0001177648 · Accession: 0000000000-12-062132
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November 14, 2012 Via E -mail Jay R. Luly, Ph.D. President and Chief Executive Officer Enanta Pharmaceuticals, Inc. 500 Arsenal Street Watertown, Massachusetts 02472 Re: Enanta Pharmaceuticals, Inc. Registration Statement on Form S -1 Filed November 6, 2012 File No. 333 -184779 Dear Dr. Luly: We have reviewed 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 this comment applies to your facts and circu mstances or do not believe an amendment is appropriate, please tell us why in a response. After reviewing any amendment to your registration statement and the information you provide in response to this comment, we may have additional comments. Finan cial Statements, pages F -3 through F -7 1. Please consider the need to update your financial statements and related information for the year ended September 30, 2012 pursuant to Rule 3 -12 of Regulation S -X. We urge all persons who are responsible for the acc uracy and adequacy of the disclosure in the filing to be certain that the filing includes the information the Securities Act of 1933 and all applicable Securities Act rules require. Since the company and its management are in possession of all facts relat ing to a company’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. Notwithstanding our comment, in the event you request acceleration of the effective date of the pending registration statement please pr ovide 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 ; Jay R. Luly, Ph.D. Enanta Pharmaceuticals, Inc. November 14, 2012 Page 2 the action of the Commission or the staff, acting pursuant 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 com pany 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. 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 thei r 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 rev iew any amendment prior to the requested effective date of the registration statement. You may contact Christine Allen at (202) 551 -3652 or Mary Mast at (202) 551 -3613 if you have questions regarding comments on the financial statements and related matters. Please contact Scot Foley at (202) 551 -3383, John Krug at (202) 551 -3862 or me at (20 2) 551 -3715 with any other questions. Sincerely, /s/ Daniel Greenspan for Jeffrey P. Riedler Assistant Director cc: Nathaniel S. Gardiner, Esq. Stacie S. Aarestad, Esq. Edwards Wildman Palmer LLP 111 Huntington Avenue Boston, Massachusetts 02199