MDB CAPITAL GROUP LLC
401 Wilshire Boulevard - Suite 1020
Santa Monica, California 90401
February 13, 2008
VIA EDGAR
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Mr. Jeffrey Riedler
United States Securities and
Exchange Commission
Mail Stop 6010, 100 F Street, N.E.
Washington, D.C. 20549
Re: Opexa Therapeutics, Inc. (the "Company")
Registration Statement on Form SB-2 originally filed November 6, 2007
(File No. 333-147167) ( the "Registration Statement")
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Ladies and Gentlemen:
In accordance with the provisions of Rule 460 under the
Securities Act of 1933, the undersigned, as representative of the underwriters
of the proposed offering of securities of Opexa Therapeutics, Inc., hereby
advises that copies of the Preliminary Prospectus, dated January 23, 2008, were
distributed on or about January 23, 2008, as follows:
500 to individual investors;
5 to NASD members (which included 2 prospective underwriters and
selected dealers); and
100 to institutions.
The undersigned has been informed by the participating dealers
that, in accordance with Rule 15c2-8 under the Securities Exchange Act of 1934,
copies of the Preliminary Prospectus, dated January 23, 2008, have been
distributed to all persons to whom it is expected that confirmations of sale
will be sent; and we have likewise so distributed copies to all customers of
ours. The underwriters have adequate equity to underwrite a "firm commitment"
offering.
Very truly yours,
MDB CAPITAL GROUP LLC
By: /s/ Christopher A. Marlett
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Christopher A. Marlett
Authorized Signatory