SEC Company Response from Babcock & Wilcox Enterprises, Inc. (BW, BWNB, BWSN, BW-PA) (CIK 0001630805) (BW) — Jun 11, 2015
Babcock & Wilcox Enterprises, Inc. (BW, BWNB, BWSN, BW-PA) (CIK 0001630805)
Date: June 11, 2015 · CIK: 0001630805 · Accession: 0001193125-15-220430
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 001-36876
Letter
Re: Request for Acceleration of Effectiveness of Registration Statement on Form 10
Acceleration Request
June 11, 2015
BY EDGAR
Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549
(Commission File No. 001-36876)
Ladies and Gentlemen:
Babcock & Wilcox Enterprises, Inc., a Delaware corporation (“New B&W”), hereby requests that the effectiveness of its Registration Statement on Form 10 (the “Registration Statement”) be accelerated so that the Registration Statement will become effective on June 15, 2015 at 4:00 p.m., Eastern time, or as soon thereafter as practicable.
In accordance with Rule 12d1-2 promulgated under the Securities Exchange Act of 1934, the reasons for this request are as follows: on June 8, 2015, the board of directors of The Babcock & Wilcox Company, a Delaware corporation (the “Company”), took several actions in connection with the spin-off of New B&W from the Company, including establishing the distribution ratio for the spin-off, and setting a record date of June 18, 2015 and a distribution date of June 30, 2015. New B&W and the Company wish to commence the process of printing and mailing the information statement relating to the spin-off as soon as possible following the record date.
New B&W acknowledges that:
•
Should the Securities and Exchange Commission (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 New B&W from its full responsibility for the adequacy and accuracy of the disclosure in the Registration Statement.
•
New B&W 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 notify Charlie Haag of Jones Day at 214.969.5148 at your earliest convenience after the Registration Statement has been declared effective.
Very truly yours,
BABCOCK & WILCOX ENTERPRISES, INC.
Show Raw Text
CORRESP 1 filename1.htm Acceleration Request June 11, 2015 BY EDGAR Securities and Exchange Commission 100 F Street, N.E. Washington, D.C. 20549 Re: Request for Acceleration of Effectiveness of Registration Statement on Form 10 (Commission File No. 001-36876) Ladies and Gentlemen: Babcock & Wilcox Enterprises, Inc., a Delaware corporation (“New B&W”), hereby requests that the effectiveness of its Registration Statement on Form 10 (the “Registration Statement”) be accelerated so that the Registration Statement will become effective on June 15, 2015 at 4:00 p.m., Eastern time, or as soon thereafter as practicable. In accordance with Rule 12d1-2 promulgated under the Securities Exchange Act of 1934, the reasons for this request are as follows: on June 8, 2015, the board of directors of The Babcock & Wilcox Company, a Delaware corporation (the “Company”), took several actions in connection with the spin-off of New B&W from the Company, including establishing the distribution ratio for the spin-off, and setting a record date of June 18, 2015 and a distribution date of June 30, 2015. New B&W and the Company wish to commence the process of printing and mailing the information statement relating to the spin-off as soon as possible following the record date. New B&W acknowledges that: • Should the Securities and Exchange Commission (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 New B&W from its full responsibility for the adequacy and accuracy of the disclosure in the Registration Statement. • New B&W 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 notify Charlie Haag of Jones Day at 214.969.5148 at your earliest convenience after the Registration Statement has been declared effective. Very truly yours, BABCOCK & WILCOX ENTERPRISES, INC. By: /s/ J. André Hall J. André Hall Senior Vice President, General Counsel and Corporate Secretary