SEC Company Response from IGC Pharma, Inc. (IGC) (CIK 0001326205) (IGC) — Feb 3, 2010
IGC Pharma, Inc. (IGC) (CIK 0001326205)
Date: Feb. 3, 2010 · CIK: 0001326205 · Accession: 0001185185-10-000088
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 333-163548
Referenced dates: January 13, 2010
Letter
VIA EDGAR United States Securities and Exchange Commission Division of Corporation Finance Re: India Globalization Capital, Inc. Pre-effective Amendment 1 to Registration Statement on Form S-3 Filed January 8, 2010 File No. 333-163548
Dear Mr. Kelly:
This letter responds to certain comments of the Staff (the “Staff”) of the Securities and Exchange Commission (the “Commission”) contained in the letter from the Staff to India Globalization Capital, Inc. (the “Company”) dated January 13, 2010 with respect to the above-referenced filing.
For your convenience, we have included each of the Staff’s comments in italics before each of the Company’s responses. References in this letter to “we,” “our” or “us” mean the Company or its advisors, as the context may require.
Exhibit 5.1
Staff Comment 1: We note the added sentence “This opinion is expressed as of the date hereof, and we disclaim any undertaking to advise you of any subsequent changes in the facts stated or assumed herein or of any subsequent changes in applicable law.” Since the opinion must speak as of the registration statement’s effective date, please delete the sentence. Alternatively, file a new opinion immediately before the registration statement’s effectiveness.
1. Concurrently with this letter, we have filed Pre-Effective Amendment No. 2 to the above referenced filing (the “Amendment”). Attached as Exhibit 5.1 to the Amendment is a revised opinion deleting the language requested.
On behalf of the Company, we hereby confirm that the Company acknowledges that:
·
the Company is responsible for the adequacy and accuracy of the disclosure in the Registration Statement;
·
Staff comments or changes to disclosure in the Registration Statement in response to Staff comments do not foreclose the Commission from taking any action with respect to the Registration Statement; and
·
The Company may not assert Staff comments as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States.
The Company appreciates the Staff’s comments with respect to the Registration Statement and would like to provide any assistance necessary for the Staff to expedite the review process. Comments or questions regarding this letter may be directed to the undersigned at (202) 828-3568 or by fax to (202) 641-9268 or to Mark Katzoff of our office at (617) 946-4887 or by fax to (617) 790-5356.
Very
truly yours,
SEYFARTH
SHAW LLP
Show Raw Text
CORRESP
1
filename1.htm
indiaglobal-corresp_0020310.htm
975 F
Street, N.W.
Washington,
DC 20004
(202)
463-2400
fax (202)
828-5393
www.seyfarth.com
(202)
828-3568
sjutkowitz@seyfarth.com
(202)
641-9268
February 3, 2010
VIA
EDGAR
Edward M.
Kelly, Esq.
Senior
Counsel
United
States Securities and Exchange Commission
Division
of Corporation Finance
Mail Stop
3561
100 F
Street NE
Washington,
DC 20549
Re: India
Globalization Capital, Inc.
Pre-effective Amendment 1 to
Registration Statement on Form S-3
Filed January 8, 2010
File No. 333-163548
Dear Mr.
Kelly:
This
letter responds to certain comments of the Staff (the “Staff”) of the Securities
and Exchange Commission (the “Commission”) contained in the letter from the
Staff to India Globalization Capital, Inc. (the “Company”) dated January 13,
2010 with respect to the above-referenced filing.
For your
convenience, we have included each of the Staff’s comments in italics before
each of the Company’s responses. References in this letter to “we,”
“our” or “us” mean the Company or its advisors, as the context may
require.
Exhibit
5.1
Staff Comment 1: We
note the added sentence “This opinion is expressed as of the date hereof, and we
disclaim any undertaking to advise you of any subsequent changes in the facts
stated or assumed herein or of any subsequent changes in applicable
law.” Since the opinion must speak as of the registration statement’s
effective date, please delete the sentence. Alternatively, file a new
opinion immediately before the registration statement’s
effectiveness.
1. Concurrently
with this letter, we have filed Pre-Effective Amendment No. 2 to the above
referenced filing (the “Amendment”). Attached as Exhibit 5.1 to the
Amendment is a revised opinion deleting the language requested.
On behalf
of the Company, we hereby confirm that the Company acknowledges
that:
·
the
Company is responsible for the adequacy and accuracy of the disclosure in
the Registration Statement;
·
Staff
comments or changes to disclosure in the Registration Statement in
response to Staff comments do not foreclose the Commission from taking any
action with respect to the Registration Statement;
and
·
The
Company may not assert Staff comments as a defense in any proceeding
initiated by the Commission or any person under the federal securities
laws of the United States.
The
Company appreciates the Staff’s comments with respect to the Registration
Statement and would like to provide any assistance necessary for the Staff to
expedite the review process. Comments or questions regarding this
letter may be directed to the undersigned at (202) 828-3568 or by fax to (202)
641-9268 or to Mark Katzoff of our office at (617) 946-4887 or by fax to (617)
790-5356.
Very
truly yours,
SEYFARTH
SHAW LLP
/s/
Stanley S. Jutkowitz
Stanley
S. Jutkowitz
MAK:mto
cc: Ram
Makunda
Mark A. Katzoff, Esq.