Withdrawal of Registration Statement (rw)
10 September 2022 - 6:16AM
Edgar (US Regulatory)
Indaptus
Therapeutics, Inc.
3
Columbus Circle, 15th Floor
New
York, NY 10019
September
9, 2022
VIA
EDGAR
Securities
and Exchange Commission
Division
of Corporation Finance
100
F Street, N.E.
Washington,
D.C. 20549
Re: |
Indaptus
Therapeutics, Inc. |
|
Registration Statement
on Form S-3 |
|
File
No. 333-265350 |
Ladies
and Gentlemen:
On
June 1, 2022, Indaptus Therapeutics, Inc. (the “Company”) filed the Registration Statement on Form S-3 (File No. 333-265350)
(the “Registration Statement”) with the Securities and Exchange Commission (the “Commission”) for purposes of
registering the offering, issuance and sale of such indeterminate number of common stock, preferred stock, subscription rights, debt
securities, warrants and units, which together shall have an aggregate initial offering price not to exceed $200,000,000 (collectively,
the “Securities”).
Pursuant
to Rule 477 under the Securities Act of 1933, as amended (the “Securities Act”), the Company hereby requests that the Commission
consent to the withdrawal of the Registration Statement effective as of the date hereof. The Company filed the Registration Statement
following twelve calendar months from the effectiveness of the Company’s Registration Statement on Form S-4 (333-255389). The Company
is seeking withdrawal of the Registration Statement because the Company had less than twelve calendar months of post-business combination
reporting history under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and thus was not eligible to
use Form S-3 at this time. The Registration Statement has not been declared effective by the Commission and no securities have been issued
or sold under the Registration Statement. Based on the foregoing, the Company submits that the withdrawal of the Registration Statement
is consistent with the public interest and the protection of investors, as contemplated by Rule 477(a).
The
Company acknowledges that no refund will be made for fees paid to the Commission in connection with the filing of the Registration Statement.
However, in accordance with Rule 457(p) under the Securities Act, the Company requests that all fees paid to the Commission in connection
with the filing of the Registration Statement be credited for future use.
Please
direct any questions or comments regarding this correspondence to Gary Emmanuel of McDermott Will & Emery LLP at (212) 547-5541.
Thank
you for your assistance in this matter.
|
Very
truly yours, |
|
|
|
INDAPTUS
THERAPEUTICS, INC. |
|
|
|
By: |
/s/
Jeffrey A. Meckler |
|
Name: |
Jeffrey
A. Meckler |
|
Title: |
Chief
Executive Officer |
Indaptus Therapeutics (NASDAQ:INDP)
Historical Stock Chart
From Jun 2024 to Jul 2024
Indaptus Therapeutics (NASDAQ:INDP)
Historical Stock Chart
From Jul 2023 to Jul 2024