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SILVERMAN SHIN & BYRNE PLLC Wall Street Plaza 22nd Floor 88 Pine Street NEW YORK, NY 10005 212.779.8600 Facsimile: 212.779.8858 E-mail: Rfeiner@Silverfirm.com __________ |
New Jersey 19 Engle Street Tenafly, NJ 07670 (201) 567-4969
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July 20, 2018
Division of Corporation Finance
Office of Healthcare & Insurance
Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549
Attn: Irene Paik, Esq.
| Re: | Hemispherx Biopharma, Inc. |
Registration Statement on Form S-3 | ||
Filed July 2, 2018 | ||
File No. 333-226059 |
Dear Ms. Paik:
On behalf of Hemispherx Biopharma, Inc. (the “Company”), I hereby file Amendment No. 1 (the “Amendment”) to the above referenced registration statement (the “Registration Statement”) and respond to the comments contained in the Commission’s July 11, 2018 comment letter.
Registration Statement on Form S-3 filed July 2, 2018
General
Comment No. 1: We note that you entered into an amended and restated Rights Agreement on November 14, 2017. Please revise your fee table to register the Rights to Purchase Series A Junior Participating Preferred Stock as separate securities. In addition, please incorporate by reference the description of the Rights to Purchase Series A Junior Participating Preferred Stock contained in the Form 8-A filed November 14, 2017, pursuant to Item 12(a)(3) of Form S-3.
Response:In the Amendment, the fee table has been revised to register the Rights to Purchase Series A Junior Participating Preferred Stock (the “Rights”) and descriptions of the Rights and the corresponding Rights Plan have been added and incorporated by reference from the Form 8-A filed November 14, 2017.
If you have any additional questions or comments, please contact me. If not, the Company will file an acceleration request.
Very truly yours, | |
/s/ Richard Feiner | |
Richard Feiner |
cc: Adam Pascale