0001193125-13-030973.txt : 20150115 0001193125-13-030973.hdr.sgml : 20150115 20130131064556 ACCESSION NUMBER: 0001193125-13-030973 CONFORMED SUBMISSION TYPE: CORRESP PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20130131 FILER: COMPANY DATA: COMPANY CONFORMED NAME: KALOBIOS PHARMACEUTICALS INC CENTRAL INDEX KEY: 0001293310 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 770557236 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: CORRESP BUSINESS ADDRESS: STREET 1: 442 LITTLEFIELD AVENUE CITY: SOUTH SAN FRANCISCO STATE: CA ZIP: 94080 BUSINESS PHONE: 650.243.3100 MAIL ADDRESS: STREET 1: 442 LITTLEFIELD AVENUE CITY: SOUTH SAN FRANCISCO STATE: CA ZIP: 94080 CORRESP 1 filename1.htm Company Request for Acceleration of Effective Date

January 31, 2013

 

VIA EDGAR

Securities and Exchange Commission

Division of Corporation Finance

100 F. Street, N.E.

Washington, D.C. 20549

Attention:   Jeffrey Riedler

 

Re:   KaloBios Pharmaceuticals, Inc.

Registration Statement on Form S-1 (File No. 333-184299)

Request for Acceleration of Effective Date

 

Dear Mr. Riedler:

 

Pursuant to Rule 461 under the Securities Act of 1933, as amended, KaloBios Pharmaceuticals, Inc. (the “Registrant”) hereby requests acceleration of the effective date of the above-referenced Registration Statement on Form S-1 (File No. 333-184299) (as amended, the “Registration Statement”), so that it may become effective at 9:00 a.m. Eastern Time on January 31, 2013, or as soon thereafter as practicable. By separate letter, the representatives of the underwriters of the issuance of the securities being registered join this request for acceleration.

 

The Registrant hereby acknowledges that:

 

(i) should the Securities and Exchange Commission (the “Commission”) or the staff (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;

 

(ii) the action of the Commission or the Staff, acting pursuant to delegated authority, in declaring the Registration Statement effective, does not relieve the Registrant from its full responsibility for the adequacy and accuracy of the disclosure in the Registration Statement; and

 

(iii) the Registrant may not assert comments of the Commission or the Staff and the declaration of effectiveness of the Registration Statement as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States.

 

 

 

[Signature Page Follows]

 


Sincerely,

 

KaloBios Pharmaceuticals, Inc.

By: 

 

/s/ David W. Pritchard

 

David W. Pritchard

President and Chief Executive Officer

 

2

CORRESP 2 filename2.htm Underwriter Request for Acceleration of Effective Date

Leerink Swann LLC

One Federal Street, 37th Floor

Boston, MA 02110

 

January 31, 2013

 

VIA EDGAR

 

Securities and Exchange Commission

Division of Corporation Finance

100 F Street, N.E.

Washington, D.C. 20549

Attention: Jeffrey Riedler

 

  Re:   KaloBios Pharmaceuticals, Inc.
         Registration Statement on Form S-1 (File No. 333-184299)
         Request for Acceleration of Effective Date

 

Dear Mr. Riedler:

 

Pursuant to Rule 461 promulgated under the Securities Act of 1933, as amended (the “Securities Act”), we, as the Representative of the several underwriters (the “Representative”), hereby join in the request of KaloBios Pharmaceuticals, Inc. (the “Registrant”), for the acceleration of the effective date of the Registrant’s Registration Statement on Form S-1 (File No. 333-184299) (as amended, the “Registration Statement”), relating to a public offering of shares of the Registrant’s common stock, par value $0.001 per share, so that the Registration Statement may be declared effective on January 31, 2013, at 9:00 a.m. Eastern Time, or as soon thereafter as practicable. We, as the Representative of the underwriters, confirm that the underwriters are aware of their obligations under the Securities Act.

 

Pursuant to Rule 460 promulgated under the Securities Act, we wish to advise you that we have distributed approximately 1,268 copies of the preliminary prospectus issued January 15, 2013 through the date hereof, as follows: 250 to prospective underwriters; 840 to institutional investors and 178 to others.

 

We, as the Representative of the underwriters, hereby represent on behalf of the underwriters that the underwriters are acting in compliance and will act in compliance with the provisions of Rule 15c2-8 promulgated under the Securities Exchange Act of 1934, as amended, in connection with the above proposed offering.

 

[Signature Page Follows]


Very truly yours,

LEERINK SWANN LLC

As Representative of the several Underwriters
By: LEERINK SWANN LLC
By:  

/s/ Bryan Giraudo

 

Name: Bryan Giraudo

 

Title: Managing Director

 

[Signature Page to Acceleration Request Letter]