-----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, Of+BraHVsLaq8HoLASxO7n3mQwk5uWEXlFAAUqN3Zl9GsYxEBjgQjJxbUQNphiOa Pk+Iot7xOAzCj/xxJ72qmA== 0000950135-03-003221.txt : 20030520 0000950135-03-003221.hdr.sgml : 20030520 20030520164340 ACCESSION NUMBER: 0000950135-03-003221 CONFORMED SUBMISSION TYPE: AW PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20030520 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ARIAD PHARMACEUTICALS INC CENTRAL INDEX KEY: 0000884731 STANDARD INDUSTRIAL CLASSIFICATION: BIOLOGICAL PRODUCTS (NO DIAGNOSTIC SUBSTANCES) [2836] IRS NUMBER: 223106987 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: AW SEC ACT: SEC FILE NUMBER: 333-76486 FILM NUMBER: 03712893 BUSINESS ADDRESS: STREET 1: 26 LANDSDOWNE ST CITY: CAMBRIDGE STATE: MA ZIP: 02139 BUSINESS PHONE: 6174940400 MAIL ADDRESS: STREET 1: 26 LANDSDOWNE CITY: CAMBRIDGE STATE: MA ZIP: 02139 AW 1 b46744awaw.txt ARIAD PHARMACEUTICALS, INC. AW [ARIAD Pharmaceuticals, Inc. Letterhead] May 20, 2003 VIA EDGAR Securities and Exchange Commission 450 Fifth Street, N.W. Judiciary Plaza Washington, D.C. 20459 Attention: Filing Desk RE: Request for Withdrawal of a Post-Effective Amendment (Accession Number 0000950135-03-003188) Ladies and Gentlemen: Pursuant to Rule 477(a) under the Securities Act of 1933, as amended, ARIAD Pharmaceuticals, Inc. (the "Company") hereby requests the withdrawal of a post-effective amendment (Accession Number 0000950135-03-003188), which was incorrectly filed on Monday, May 19, 2003. On the morning of May 19, 2003, we instructed our filing agent to file a Registration Statement on Form S-3 pursuant to Rule 462(b) (the "Rule 462(b) Registration Statement") to increase the number of shares available for issuance pursuant to a previously filed and effective Registration Statement on Form S-3 (Registration No. 333-76486). The filing agent incorrectly filed the Rule 462(b) Registration Statement as a post-effective amendment to Registration No. 333-76486 under the submission type POS462B, rather than filing it as a separate registration statement under Rule 462(b), as we had requested, under submission type S-3MEF. When the filing appeared on the Commission's website, our counsel recognized that the filing was filed under the wrong submission type and we immediately instructed our filing agent to refile the document under the correct submission type, S-3MEF. The S-3MEF was filed and accepted by the Commission at 12:38 p.m. on May 19, 2003 (Accession Number 0000950135-03-003197). The two filings are exactly the same except that the first filing was filed under the submission type POS462B, whereas the second filing was correctly filed under the submission type S-3MEF. In view of the potential for confusion resulting from the identical filings, we respectfully request that the Commission withdraw the post-effective amendment filed under submission type POS462B (Accession Number 0000950135-03-003188). Thank you for your assistance in this matter. Please do not hesitate to call with questions at 617-621-2209. Sincerely, /s/ Edward M. Fitzgerald ------------------------- Senior Vice President and Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----