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SEC Comment Letter for Performance Shipping Inc. (PSHG) (CIK 0001481241) (PSHG) — Mar 6, 2012

Performance Shipping Inc. (PSHG) (CIK 0001481241)
Date: March 6, 2012 · CIK: 0001481241 · Accession: 0000000000-12-011637

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File numbers found in text: 333-179636

Date
March 6, 2012
Author
/s/ Justin Dobbie
Form
UPLOAD
Company
Performance Shipping Inc. (PSHG) (CIK 0001481241)

Letter

March 6, 2012 Via E-mail Symeon Palios Chairman & Chief Executive Officer Diana Containerships Inc. Pendelis 16 175 64 Palaio Faliro Athens, Greece Re: Diana Containerships Inc. Registration Statement on Form F-3 Filed February 23, 2012 File No. 333-179636

Dear Mr. Palios: We have limited our review of your registra tion statement to those issues we have addressed in our 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 by amending your registration statement and providing the requested information. Where you do not beli eve our comments apply to your facts and circumstances or do not believe an amendment is appropriate, please tell us why in your response.

After reviewing any amendment to your re gistration statement and the information you provide in response to these comments, we may have additional comments.

Description of Purchase Contracts, page 25

1. Please explain to us what plans you have for issuing purchase contracts for commodities. In your response, please describe to us the commodities involved.

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 incl udes 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 disc losure, they are responsible for the accuracy and adequacy of the disclosures they have made. Notwithstanding our comments, in the event you request acceleration of the effective date of the pending registration statement please pr ovide a written statement from the company acknowledging that:

Symeon Palios Diana Containerships Inc. March 6, 2012 Page 2  should the Commission or the staff, acting purs uant to delegated authority, declare the filing effective, it does not foreclose the Co mmission 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 a nd 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 461 regarding re quests for acceleration. We will consider a written request for acceleration of the effective date of the regi stration statement as confirmation of the fact that those reques ting acceleration are aware of thei r respective responsibilities under the Securities Act of 1933 and the Securities Excha nge Act of 1934 as they relate to the proposed public offering of the securities specified in th e above registration stat ement. Please allow adequate time for us to review any amendment prior to the requested effective date of the registration statement. Please contact J. Nolan McWilliams at (202) 551-3217 or me at (202) 551-3469 with any questions you may have. Sincerely,

/s/ Justin Dobbie Justin Dobbie Legal Branch Chief cc: Gary J. Wolfe, Esq. Seward & Kissel LLP

Show Raw Text
March 6, 2012
 Via E-mail

Symeon Palios  Chairman & Chief Executive Officer Diana Containerships Inc.  Pendelis 16  175 64 Palaio Faliro  Athens, Greece
Re: Diana Containerships Inc.
  Registration Statement on Form F-3
Filed February 23, 2012
  File No. 333-179636

Dear Mr. Palios:
 We have limited our review of your registra tion statement to those issues we have
addressed in our 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 by amending your registration statement and providing the
requested information.  Where you do not beli eve our comments apply to your facts and
circumstances or do not believe an amendment is appropriate, please tell us why in your
response.

After reviewing any amendment to your re gistration statement and the information you
provide in response to these comments, we may have additional comments.

Description of Purchase Contracts, page 25

1. Please explain to us what plans you have for issuing purchase contracts for commodities.
In your response, please describe to  us the commodities involved.

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 incl udes 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 disc losure, they are responsible for the accuracy
and adequacy of the disclosures they have made.
Notwithstanding our comments, in the event you request acceleration of  the effective date
of the pending registration statement please pr ovide a written statement from the company
acknowledging that:

 Symeon Palios
 Diana Containerships Inc.   March 6, 2012  Page 2
  should the Commission or the staff, acting purs uant to delegated authority, declare the
filing effective, it does not foreclose the Co mmission 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 a nd 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 461 regarding re quests for acceleration.  We will consider a
written request for acceleration of  the effective date of the regi stration statement as confirmation
of the fact that those reques ting acceleration are aware of thei r respective responsibilities under
the Securities Act of 1933 and the Securities Excha nge Act of 1934 as they relate to the proposed
public offering of the securities specified in th e above registration stat ement.  Please allow
adequate time for us to review any amendment prior to the requested effective date of the
registration statement.
 Please contact J. Nolan McWilliams at (202)  551-3217 or me at (202) 551-3469 with any
questions you may have.
Sincerely,

 /s/ Justin Dobbie
Justin Dobbie Legal Branch Chief
 cc: Gary J. Wolfe, Esq.   Seward & Kissel LLP