January 8, 2009
Mr. Jim B. Rosenberg
Senior Assistant Chief Accountant
United States
Securities and Exchange Commission
Washington, D.C. 20549
Mail Stop 6010
RE: | Enzon Pharmaceuticals, Inc. |
| Form 10-K for the Fiscal Year Ended December 31, 2007 |
| Filed February 29, 2008 |
| File Number: 000-12957 |
Dear Mr. Rosenberg:
By telephonic communication from the Staff of the Commission, the Staff provided a comment regarding the Form 10-K for the Fiscal Year Ended December 31, 2007 (the “Form 10-K”) of Enzon Pharmaceuticals, Inc. (the “Company”) filed February 29, 2008. Enclosed please find the response to this comment.
| 1. | Please refer to your response to comment # 3. Please revise your disclosure to clarify that the Company does not have any continuing involvement in the selling or marketing of PEG-Intron and has no impact over the future royalty stream of PEG-Intron. Please clarify that the payment was non-refundable and that the amount received is a fixed amount but is not dependant on the future royalty stream. |
|
Response:
The Company confirms that it has no continuing involvement in the selling or marketing of PEG-Intron, has no impact over the future royalty stream of PEG-Intron, that the upfront payment of $92.5 million received was non-refundable, was fixed in amount and is not dependent on the future royalty stream of PEG-Intron. As requested by the Staff, the Company will include this additional disclosure in the 10-K filing for the year ended December 31, 2008.
We acknowledge that:
- The Company is responsible for the adequacy and accuracy of the disclosure inthe filing;
- Staff comments or changes to disclosures in response to Staff comments do notforeclose the Commission from taking any action with respect to the filing; and
- The Company may not assert Staff comments as a defense in any proceedinginitiated by the Commission or any person under the federal securities laws of theUnited States.
If I can be of any further assistance, please do not hesitate to contact me at (908) 541-8759.
Very truly yours, |
|
/s/Craig A. Tooman |
Craig A. Tooman |
EVP Finance and CFO |