SEC Company Response from NovaBay Pharmaceuticals, Inc. (NBY) (CIK 0001389545) (SDEV) — Apr 10, 2019
NovaBay Pharmaceuticals, Inc. (NBY) (CIK 0001389545)
Date: April 10, 2019 · CIK: 0001389545 · Accession: 0001437749-19-006835
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 333-230672
Letter
Re:
nby20190409_corresp.htm
April 10, 2019
VIA EDGAR
Securities and Exchange Commission
Division of Corporation Finance
100 F Street, N.E.
Washington, DC 20549
NovaBay Pharmaceuticals, Inc. (the “Company”)
Form S-3, File No. 333-230672
Ladies and Gentlemen:
Pursuant to Rule 461 under the Securities Act of 1933, as amended, the Company hereby requests that the Securities and Exchange Commission (the “Commission”) take appropriate action to cause the above-referenced Registration Statement on Form S-3 to become effective as of 5:00 p.m. (Eastern time) on Friday, April 12, 2019, or as soon as practicable thereafter.
The Company further acknowledges that:
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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;
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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
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the Company 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.
Very truly yours,
NovaBay Pharmaceuticals, Inc.
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CORRESP 1 filename1.htm nby20190409_corresp.htm April 10, 2019 VIA EDGAR Securities and Exchange Commission Division of Corporation Finance 100 F Street, N.E. Washington, DC 20549 Re: NovaBay Pharmaceuticals, Inc. (the “Company”) Form S-3, File No. 333-230672 Ladies and Gentlemen: Pursuant to Rule 461 under the Securities Act of 1933, as amended, the Company hereby requests that the Securities and Exchange Commission (the “Commission”) take appropriate action to cause the above-referenced Registration Statement on Form S-3 to become effective as of 5:00 p.m. (Eastern time) on Friday, April 12, 2019, or as soon as practicable thereafter. The Company further acknowledges 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; ● 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 Company 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. Very truly yours, NovaBay Pharmaceuticals, Inc. By: /s/ Justin Hall Justin Hall Interim President & Chief Executive Officer and General Counsel cc: Abby E. Brown, Squire Patton Boggs (US) LLP