-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, I7RZxYg3CjNFAY4RwBbKeAm+nWg1Xv/1H5ymgzTtcWvYLbxCwdqAgZoUxaVog5Qa MvS1KgGZs7FpF9DTn7ku2w== 0001032210-98-001273.txt : 19981123 0001032210-98-001273.hdr.sgml : 19981123 ACCESSION NUMBER: 0001032210-98-001273 CONFORMED SUBMISSION TYPE: RW PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19981120 FILER: COMPANY DATA: COMPANY CONFORMED NAME: METAWAVE COMMUNICATIONS CORP CENTRAL INDEX KEY: 0001028361 STANDARD INDUSTRIAL CLASSIFICATION: RADIO & TV BROADCASTING & COMMUNICATIONS EQUIPMENT [3663] IRS NUMBER: 911673152 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: RW SEC ACT: SEC FILE NUMBER: 333-59621 FILM NUMBER: 98755667 BUSINESS ADDRESS: STREET 1: 10735 WILLOWS ROAD NE STREET 2: P O BOX 97069 CITY: REDMOND STATE: WA ZIP: 98073-9769 BUSINESS PHONE: 4257025648 MAIL ADDRESS: STREET 1: 10735 WILLOWS ROAD NE STREET 2: P O BOX 97069 CITY: REDMOND STATE: WA ZIP: 98073-9769 RW 1 APPLICATION FOR WITHDRAWAL November 19, 1998 VIA FACSIMILE AND EDGAR - ----------------------- Securities and Exchange Commission Division of Corporate Finance 450 5th Street, N.W. Mail Stop 4-7 Washington, D.C. 20549 Attn: Barry N. Sumner, Assistant Director Metawave Communications Corporation CIK: 0001028361 Commission File No. 333-59621: Application for Withdrawal --------------------------------------------------------- Ladies and Gentlemen: Pursuant to Rule 477(a) promulgated under the Securities Act of 1933, as amended, the undersigned registrant (the "Registrant") hereby applies for an Order granting the immediate withdrawal of its Registration Statement on Form S- 1, together with all exhibits and amendments thereto, Commission File No. 333- 59621 (collectively, the "Registration Statement"). The Registration Statement was originally filed with the Commission on July 22, 1998. Pursuant to the Registration Statement, the Registrant proposed to register an aggregate of 3,500,000 shares of its Common Stock, par value $0.001 (the "Shares"), for issuance to the public, at a proposed maximum offering price per Share of $16.00, with a proposed maximum aggregate offering price of $56,000,000. The Shares were being offered through BT Alex. Brown Incorporated, Merrill Lynch, Pierce, Fenner & Smith Incorporated and NationsBanc Montgomery Securities LLC, as representatives for the several underwriters. The Registrant believes that terms obtainable in the marketplace at this time are not sufficiently attractive to warrant proceeding with the sale of the Shares and that proceeding on this basis would not be in the best interests of the Registrant and its shareholders. No securities have been sold under the Registration Statement and no activity in pursuit of the subject offering has been taken since mid-October, 1998. Accordingly, we hereby request that an Order granting the withdrawal of the Registration Statement be issued by the Commission as soon as possible. If you have any questions regarding the foregoing application for withdrawal, please contact William Ericson at Venture Law Group, legal counsel to the Registrant in connection Securities and Exchange Commission November 19, 1998 Page 2 with the Registration Statement, at (425) 739-8700 or Kathy Surace-Smith, General Counsel to the Registrant at (425) 702-5648. Sincerely, METAWAVE COMMUNICATIONS CORPORATION /s/ ROBERT H. HUNSBERGER --------------------------------------- Robert H. Hunsberger President and Chief Executive Officer -----END PRIVACY-ENHANCED MESSAGE-----