SEC Company Response from Fortress Biotech, Inc. (FBIO, FBIOP) (CIK 0001429260) (FBIO) — Nov 29, 2016
Fortress Biotech, Inc. (FBIO, FBIOP) (CIK 0001429260)
Date: Nov. 29, 2016 · CIK: 0001429260 · Accession: 0001144204-16-137014
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File numbers found in text: 333-213199
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CORRESP
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FORTRESS BIOTECH, INC.
2 Gansevoort Street, 9th Floor
New York, New York 10014
November 29, 2016
VIA EDGAR
United States Securities and Exchange Commission
Division of Corporation Finance
100 F Street NE
Washington, D.C. 20549
Attention: Michael Gershon
Re: Acceleration Request
Fortress Biotech, Inc.
Registration Statement on Form S-3/A
(File No. 333-213199)
Ladies and Gentlemen:
Pursuant to Rule 461 under the Securities
Act of 1933, as amended (the “Act”), Fortress Biotech, Inc. (the “Registrant”)
hereby requests that the United States Securities and Exchange Commission (the “Commission”) take appropriate
action to accelerate the effective date of the above-referenced registration statement (the “Registration Statement”)
to December 1, 2016 at 4:01 p.m. Eastern Time, or as soon thereafter as practicable.
Once the Registration Statement is effective,
please orally confirm the event with our counsel, Wyrick Robbins Yates & Ponton LLP, by calling S. Halle Vakani at (919) 865-1125.
We also respectfully request that a copy of the written order from the Commission verifying the effective date and time of the
Registration Statement be sent to Ms. Vakani via email at hvakani@wyrick.com.
In connection with the foregoing, the Registrant
hereby acknowledges the following:
· should the Commission or the staff, acting pursuant to delegated authority,
declare the Registration Statement effective, it does not foreclose the Commission from taking any action with respect to the Registration
Statement;
· the action of the Commission or the staff, acting pursuant to delegated
authority, in declaring the Registration Statement effective, does not relieve the Registrant from its full responsibility for
the adequacy and accuracy of the disclosure in the Registration Statement; and
· the Registrant will 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.
Sincerely,
FORTRESS BIOTECH, INC.
By:
/s/ Lindsay A. Rosenwald, M.D.
Lindsay A. Rosenwald, M.D.
Chairman, President and
Chief Executive Officer
cc: S. Halle Vakani, Wyrick Robbins Yates & Ponton, LLP