SEC Comment Letter for iBio, Inc. (IBIO) (CIK 0001420720) (IBIO) — Nov 5, 2010
iBio, Inc. (IBIO) (CIK 0001420720)
Date: Nov. 5, 2010 · CIK: 0001420720 · Accession: 0000000000-10-066287
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 000-53125
Letter
November 5, 2010
Mr. Robert B. Kay Executive Chairman and Chief Executive Officer iBio, Inc. 9 Innovation Way, Suite 100 Newark, DE 19711 Re: iBio, Inc. Form PRE 14A Filed October 28, 2010 File No. 000-53125 Dear Mr. Kay: We have reviewed your filing and have the following comments. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. Please respond to this letter within ten business days by amending your filing, by providing the requested information, or by advi sing us when you will provide the requested response. If you do not believe our comments apply to your fact s and circumstances or do not believe an amendment is appropriate, pl ease tell us why in your response. After reviewing any amendment to your filing and the information you provide in response to these comments, we ma y have additional comments.
Preliminary Proxy Statement on Schedule 14A
1. Please disclose whether you currently have, or do not have, any plans to issue any of the authorized but unissued shares that would be available as a result of the approval of the amendment to the Certificate of Incorporation to increase the number of authorized shares of common stock from 50,000,000 to 100,000,000 shares. We urge all persons who are responsible for th e accuracy and adequacy of the disclosure in the filing to be certain that the filing include s the information the Securities Exchange Act of 1934 and all applicable Exchange Act rules requir e. Since the company and its management are in possession of all facts relating to a company’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. In responding to our comments, please provi de a written statement from the company acknowledging that:
Mr. Robert B. Kay iBio, Inc. November 5, 2010 Page 2
• the company is responsible for the adequacy and accuracy of the disclo sure in the filing;
• staff comments or changes to disclosure in response to staff comments do not foreclose the Commission from taking any action with respect to the filing; and
• the company may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federa l securities laws of the United States.
You may contact Rose Zukin at (202) 551-3239 or me at ( 202) 551-3710 if you have any questions. Sincerely, Jeffrey P. Riedler Assistant Director
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November 5, 2010
Mr. Robert B. Kay Executive Chairman and Chief Executive Officer iBio, Inc. 9 Innovation Way, Suite 100 Newark, DE 19711
Re: iBio, Inc. Form PRE 14A
Filed October 28, 2010 File No. 000-53125
Dear Mr. Kay:
We have reviewed your filing and have the following comments. In some of our
comments, we may ask you to provide us with information so we may better understand your
disclosure.
Please respond to this letter within ten business days by amending your filing, by
providing the requested information, or by advi sing us when you will provide the requested
response. If you do not believe our comments apply to your fact s and circumstances or do not
believe an amendment is appropriate, pl ease tell us why in your response.
After reviewing any amendment to your filing and the information you provide in
response to these comments, we ma y have additional comments.
Preliminary Proxy Statement on Schedule 14A
1. Please disclose whether you currently have, or do not have, any plans to issue any of the
authorized but unissued shares that would be available as a result of the approval of the
amendment to the Certificate of Incorporation to increase the number of authorized
shares of common stock from 50,000,000 to 100,000,000 shares.
We urge all persons who are responsible for th e accuracy and adequacy of the disclosure
in the filing to be certain that the filing include s the information the Securities Exchange Act of
1934 and all applicable Exchange Act rules requir e. Since the company and its management are
in possession of all facts relating to a company’s disclosure, they are responsible for the accuracy
and adequacy of the disclosures they have made.
In responding to our comments, please provi de a written statement from the company
acknowledging that:
Mr. Robert B. Kay
iBio, Inc. November 5, 2010 Page 2
• the company is responsible for the adequacy and accuracy of the disclo sure in the filing;
• staff comments or changes to disclosure in response to staff comments do not foreclose
the Commission from taking any action with respect to the filing; and
• the company may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federa l securities laws of the United States.
You may contact Rose Zukin at (202) 551-3239 or me at ( 202) 551-3710 if you have any
questions.
Sincerely,
Jeffrey P. Riedler
Assistant Director