SEC Company Response from Diamond Foods Inc (CIK 0001320947) — Jul 18, 2005
Diamond Foods Inc (CIK 0001320947)
Date: July 18, 2005 · CIK: 0001320947 · Accession: 0000950149-05-000504
AI Filing Summary & Sentiment
File numbers found in text: 333-123576
Letter
Global Markets & Investment Banking
4 World Financial Center — 5th Floor
New York, New York 10080
212-449-6500
July 18, 2005
Securities and Exchange Commission
450 Fifth Street, NW
Washington, D.C. 20549
Re: Diamond Foods, Inc. Registration Statement No. 333-123576
Gentlemen:
We hereby join the company in requesting that the effective date for the registration statement referred to above be accelerated so that it will be declared effective at 3:30 p.m. on July 20, 2005, or as soon thereafter as possible, pursuant to Rule 430A.
The underwriters of the above issue were advised by invitation wire and in subsequent underwriting papers that they must comply with the provisions of SEC Release No. 33- 4968 of the 1933 Act and Rule 15c2-8 under the 1934 Act. Copies of the preliminary prospectus have been or will be made available in sufficient time for distribution to all prospective purchasers no less than 48 hours prior to the time it is expected confirmations will be mailed. The undersigned, as joint-lead managers, have and will, and each underwriter and each dealer has advised the undersigned that it has and will comply with Release No. 33-4968 of the 1933 Act and Rule 15c2-8 under the 1934 Act.
In connection with the foregoing and pursuant to Rule 460 please be advised that the undersigned have effected approximately the following distribution of copies of the Preliminary Prospectus dated July 5, 2005.
N.Y.S.E.
Financial Services and Publications
N.A.S.D.
Underwriters
1,825
Dealers
Individuals & Corporations
1,409
MLPF&S Inc. Branch Offices
5,276
8,576 Copies
Very truly yours,
MERRILL LYNCH & CO.
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CORRESP
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corresp
Global Markets & Investment Banking
4 World Financial Center
—
5th
Floor
New York, New York 10080
212-449-6500
July 18, 2005
Securities and Exchange Commission
450 Fifth Street, NW
Washington, D.C. 20549
Re: Diamond Foods, Inc.
Registration
Statement No. 333-123576
Gentlemen:
We hereby join the company in requesting that the effective date for the registration statement
referred to above be accelerated so that it will be declared effective at 3:30 p.m. on July 20,
2005, or as soon thereafter as possible, pursuant to Rule 430A.
The underwriters of the above issue were advised by invitation wire and in subsequent underwriting
papers that they must comply with the provisions of SEC Release No. 33- 4968 of the 1933 Act and
Rule 15c2-8 under the 1934 Act. Copies of the preliminary prospectus have been or will be made
available in sufficient time for distribution to all prospective purchasers no less than 48 hours
prior to the time it is expected confirmations will be mailed. The undersigned, as joint-lead
managers, have and will, and each underwriter and each dealer has advised the undersigned that it
has and will comply with Release No. 33-4968 of the 1933 Act and Rule 15c2-8 under the 1934 Act.
In connection with the foregoing and pursuant to Rule 460 please be advised that the undersigned
have effected approximately the following distribution of copies of the Preliminary Prospectus
dated July 5, 2005.
N.Y.S.E.
1
Financial Services and Publications
15
N.A.S.D.
5
Underwriters
1,825
Dealers
45
Individuals & Corporations
1,409
MLPF&S Inc. Branch Offices
5,276
8,576 Copies
Very truly yours,
MERRILL LYNCH & CO.
MERRILL LYNCH, PIERCE, FENNER & SMITH
INCORPORATED
PIPER JAFFRAY & CO.
HARRIS NESBITT CORP.
As Representatives
BY: MERRILL LYNCH, PIERCE, FENNER &
SMITH INCORPORATED
By:
/s/ Palma Mazzolla
Palma Mazzolla Authorized Signatory
2