-----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, Hg2mavRuLIDPWrYdSmMMGX51Ga2Q4YLygygGezXObE2kIG1jzUxRXF133f/Dmpz4 t+hjkalKJe8XdJeM4rtI0A== 0001107601-08-000057.txt : 20081010 0001107601-08-000057.hdr.sgml : 20081010 20081010153436 ACCESSION NUMBER: 0001107601-08-000057 CONFORMED SUBMISSION TYPE: RW PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20081010 DATE AS OF CHANGE: 20081010 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ATHEROGENICS INC CENTRAL INDEX KEY: 0001107601 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 582108232 STATE OF INCORPORATION: GA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: RW SEC ACT: SEC FILE NUMBER: 022-28876 FILM NUMBER: 081118288 BUSINESS ADDRESS: STREET 1: 8995 WESTSIDE PARKWAY CITY: ALPHARETTA STATE: GA ZIP: 30004 BUSINESS PHONE: 6783362500 RW 1 rw_t3withdrawal.htm RW FORM T-3 WITHDRAWAL rw_t3withdrawal.htm
 
 
 

[AtheroGenics Letterhead]




October 10, 2008



Division of Corporation Finance
Washington, D.C. 20549
  

Re:           AtheroGenics, Inc.
Form T-3 filed August 20, 2008 (File No. 22-28876)
Request for Withdrawal of Form T-3


Pursuant to Section 307 of the Trust Indenture Act of 1939, as amended, request is hereby made by AtheroGenics, Inc., a Georgia corporation (the “Company”), to withdraw the Application for Qualification of Indenture on Form T-3 (File No. 22-28876) together with all exhibits thereto (the “Form T-3”), effective as of the date hereof, or as early as practicable hereafter.  The Form T-3 has not been declared effective, and no securities were issued in connection with the Form T-3.

The Company is making this request for withdrawal because the Company was unable to successfully restructure its capital structure outside of bankruptcy.  Accordingly, the Company respectfully requests the Commission to grant Company’s application to have the Form T-3 withdrawn pursuant to Section 307 of the Trust Indenture Act of 1939.

Please contact me at (678) 336-2500 with any questions concerning this request for withdrawal.



/s/MARK P. COLONNESE
Executive Vice President, Commercial Operations and Chief Financial Officer

cc:           Mr. Joe Gaynor – AtheroGenics, Inc.
Mr. Keith Townsend – King & Spalding LLP


 
 
 

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