SEC Comment Letter for 9 METERS BIOPHARMA, INC. (NMTRQ) (CIK 0001551986) — May 13, 2020
9 METERS BIOPHARMA, INC. (NMTRQ) (CIK 0001551986)
Date: May 13, 2020 · CIK: 0001551986 · Accession: 0000000000-20-004250
AI Filing Summary & Sentiment
File numbers found in text: 001-37797
Letter
United States securities and exchange commission logo May 13, 2020 John Temperato Chief Executive Officer 9 Meters Biopharma, Inc. 8480 Honeycutt Road, Suite 120 Raleigh, NC 27615 Re:9 Meters Biopharma, Inc. Preliminary Proxy Statement on Schedule 14A Filed May 1, 2020 File No. 001-37797 Dear Mr. Temperato: We have reviewed your filing and have the following comment. Please respond to this comment within ten business days by providing the requested information or advise us as soon as possible when you will respond. If you do not believe our comment applies to your facts and circumstances, please tell us why in your response. After reviewing your response to this comment, we may have additional comments. Preliminary Proxy Statement on Schedule 14A filed May 1, 2020 General 1.We note that your Form 8-K filed on May 4, 2020 indicates that proceeds raised from your Series A Preferred Stock Financing were used to finance your acquisition of Naia Rare Diseases. Accordingly, please revise your proxy statement to explain this use of Series A proceeds. Refer to Item 11(c) of Schedule 14A. In addition, Note A to Schedule 14A requires that the information called for by Items 11, 13 and 14 be provided when security holders are asked to authorize the issuance of additional securities to be used to acquire another specified company when there will be no separate opportunity to vote on the acquisition. Accordingly, please revise the preliminary proxy statement to include the information required by Items 11, 13 and 14 of Schedule 14A with respect to the Naia Rare Diseases transaction or advise. We remind you that the company and its management are responsible for the accuracy and adequacy of their disclosures, notwithstanding any review, comments, action or absence of action by the staff.
FirstName LastNameJohn Temperato Comapany Name9 Meters Biopharma, Inc. May 13, 2020 Page 2 FirstName LastName John Temperato 9 Meters Biopharma, Inc. May 13, 2020 Page 2 You may contact Jeffrey Gabor at 202-551-2544 or Joe McCann at 202-551-6262 with any questions. Sincerely, Division of Corporation Finance Office of Life Sciences cc: Alexander M. Donaldson, Esq.
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United States securities and exchange commission logo
May 13, 2020
John Temperato
Chief Executive Officer
9 Meters Biopharma, Inc.
8480 Honeycutt Road, Suite 120
Raleigh, NC 27615
Re:9 Meters Biopharma, Inc.
Preliminary Proxy Statement on Schedule 14A
Filed May 1, 2020
File No. 001-37797
Dear Mr. Temperato:
We have reviewed your filing and have the following comment.
Please respond to this comment within ten business days by providing the requested
information or advise us as soon as possible when you will respond. If you do not believe our
comment applies to your facts and circumstances, please tell us why in your response.
After reviewing your response to this comment, we may have additional comments.
Preliminary Proxy Statement on Schedule 14A filed May 1, 2020
General
1.We note that your Form 8-K filed on May 4, 2020 indicates that proceeds raised from
your Series A Preferred Stock Financing were used to finance your acquisition of Naia
Rare Diseases. Accordingly, please revise your proxy statement to explain this use of
Series A proceeds. Refer to Item 11(c) of Schedule 14A. In addition, Note A to Schedule
14A requires that the information called for by Items 11, 13 and 14 be provided when
security holders are asked to authorize the issuance of additional securities to be used to
acquire another specified company when there will be no separate opportunity to vote on
the acquisition. Accordingly, please revise the preliminary proxy statement to include the
information required by Items 11, 13 and 14 of Schedule 14A with respect to the Naia
Rare Diseases transaction or advise.
We remind you that the company and its management are responsible for the accuracy
and adequacy of their disclosures, notwithstanding any review, comments, action or absence of
action by the staff.
FirstName LastNameJohn Temperato
Comapany Name9 Meters Biopharma, Inc.
May 13, 2020 Page 2
FirstName LastName
John Temperato
9 Meters Biopharma, Inc.
May 13, 2020
Page 2
You may contact Jeffrey Gabor at 202-551-2544 or Joe McCann at 202-551-6262 with
any questions.
Sincerely,
Division of Corporation Finance
Office of Life Sciences
cc: Alexander M. Donaldson, Esq.