SEC Comment Letter for Fortress Biotech, Inc. (FBIO, FBIOP) (CIK 0001429260) (FBIO) — Aug 29, 2016
Fortress Biotech, Inc. (FBIO, FBIOP) (CIK 0001429260)
Date: Aug. 29, 2016 · CIK: 0001429260 · Accession: 0000000000-16-090437
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 333-213199
Letter
Mail Stop 4546 August 29, 2016 Lindsay A. Rosenwald, M.D. President and Chief Executive Officer Fortress Biotech, Inc. 2 Gansevoort Street, 9th Floor New York, New York 10014
Re: Fortress Biotech , Inc. Registration Statement on Form S-3 Filed August 18 , 2016 File No. 333-213199
Dear Dr. Rosenwald:
This is to advise you that we have not reviewed and will not review your registration statement .
We urge all persons who are responsible for the accuracy 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 relating to a company’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made.
In the event you request acceleration of the effective date of the pending registrati on statement , please provide 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 wit h 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 th e 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.
Please refer to Rules 460 and 4 61 regarding requests for acceleration. We will consider a written request for acceleration of the effective date of the registration statement as confirmation
Lindsay A. Rosenwald, M.D. Fortress Biotech, Inc. August 29 , 2016 Page 2
of the fact that those requesting acceleration are aware of their respective responsibilities u nder the Securities Act of 1933 and the Securities Exchange Act of 1934 as they relate to the proposed public offering of the registered securities.
Please contact Michael Gershon at (202) 551 -6598 or Mary Beth Breslin at (202) 551 - 3625 with any quest ions.
Sincerely,
/s/ Mary Beth Breslin for
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Mail Stop 4546 August 29, 2016 Lindsay A. Rosenwald, M.D. President and Chief Executive Officer Fortress Biotech, Inc. 2 Gansevoort Street, 9th Floor New York, New York 10014 Re: Fortress Biotech , Inc. Registration Statement on Form S-3 Filed August 18 , 2016 File No. 333-213199 Dear Dr. Rosenwald: This is to advise you that we have not reviewed and will not review your registration statement . We urge all persons who are responsible for the accuracy 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 relating to a company’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. In the event you request acceleration of the effective date of the pending registrati on statement , please provide 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 wit h 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 th e 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. Please refer to Rules 460 and 4 61 regarding requests for acceleration. We will consider a written request for acceleration of the effective date of the registration statement as confirmation Lindsay A. Rosenwald, M.D. Fortress Biotech, Inc. August 29 , 2016 Page 2 of the fact that those requesting acceleration are aware of their respective responsibilities u nder the Securities Act of 1933 and the Securities Exchange Act of 1934 as they relate to the proposed public offering of the registered securities. Please contact Michael Gershon at (202) 551 -6598 or Mary Beth Breslin at (202) 551 - 3625 with any quest ions. Sincerely, /s/ Mary Beth Breslin for Suzanne Hayes Assistant Director Office of Healthcare and Insurance cc: S. Halle Vakani, Esq.