-----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, D8mLmLbpM2utyH+L+wOH7brevUGj0SABaq6C+Vh/pXhvQm9436RqlkTCqDIPD0Vs CmKZtXJsAoGbzYtkqk+Icg== 0001104659-06-076884.txt : 20070111 0001104659-06-076884.hdr.sgml : 20070111 20061121142424 ACCESSION NUMBER: 0001104659-06-076884 CONFORMED SUBMISSION TYPE: CORRESP PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20061121 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AVI BIOPHARMA INC CENTRAL INDEX KEY: 0000873303 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 930797222 STATE OF INCORPORATION: OR FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: CORRESP BUSINESS ADDRESS: STREET 1: ONE SW COLUMBIA STREET 2: STE 1105 CITY: PORTLAND STATE: OR ZIP: 97258 BUSINESS PHONE: 5032270554 MAIL ADDRESS: STREET 1: ONE SW COLUMBIA STREET 2: SUITE 1105 CITY: PORTLAND STATE: OR ZIP: 97258 FORMER COMPANY: FORMER CONFORMED NAME: ANTIVIRALS INC DATE OF NAME CHANGE: 19970123 CORRESP 1 filename1.htm

AVI BioPharma, Inc.
One SW Columbia, Suite 1105
Portland, Oregon, 97258

November 21, 2006

United States Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549

Re:          AVI BioPharma, Inc.
                Form S-3
                File No. 333-133211

To Whom It May Concern:

AVI BioPharma, Inc. (the “Company”) filed a registration statement on Form S-3/A (File No. 333-138299) (the “Registration Statement”) on November 17, 2006 for the registration of an as yet undetermined number of shares of the Company’s common stock, preferred stock, and warrants up to a total public offering price of $75,000,000.  In the Registration Statement, the Company requested that effectiveness of the Registration Statement be delayed until further amendment or until it became effective upon the Commission’s determination acting pursuant to Section 8(a) of the Securities Act of 1933. The Company is now requesting that the effectiveness of the Registration Statement be accelerated so that the Registration Statement, as amended, becomes effective at 4:30 p.m., Eastern Standard Time, on November 22, 2006, or as soon as possible thereafter.  In connection with its request for acceleration, the Company acknowledges the following:

·                  should the Commission or the staff, acting pursuant to delegated authority, declare the filing effective, it does not foreclose the Commission from taking any action with respect to the filing;

·                  the action of the Commission or the staff, acting pursuant to delegated authority, in declaring the filing effective, does not relieve the Company from its full responsibility for the adequacy and accuracy of the disclosure in the filing; and

·                  The Company 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.

Thank you for your consideration.  Please contact me or our counsel, Michael C. Phillips (503-778-5214), if you have any questions or comments.

Very truly yours,

 

 

 

AVI BioPharma, Inc.

 

 

 

/s/ Mark M. Webber

 

Mark M. Webber

 

Chief Financial Officer

 

 


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