Withdrawal of Registration Statement (rw)
April 12 2019 - 5:00PM
Edgar (US Regulatory)
4710 Bellaire Boulevard, Suite 210
Bellaire, Texas 77401
(832) 742-1357
April 12, 2019
VIA EDGAR
U.S. Securities and Exchange Commission
Division of Corporation Finance
100 F Street, N.E.
Washington, D.C. 20549
Re:
|
Bio-Path Holdings, Inc.
Application for Withdrawal of Registration Statement on Form
S-1
File No. 333-229048
|
Ladies and Gentlemen:
Pursuant to Rule 477 under the Securities
Act of 1933, as amended (the “Act”), Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), hereby
respectfully requests that the Securities and Exchange Commission (the “Commission”) consent to the withdrawal, effective
as of the date hereof or at the earliest practicable date hereafter, of the Company’s Registration Statement on Form S-1
(File No. 333-229048), together with all exhibits thereto, filed with the Commission on December 27, 2018 (the “Registration
Statement”).
The Company submits this request for withdrawal
because the Company has elected not to pursue the sale of securities pursuant to the Registration Statement at this time. The Registration
Statement has not been declared effective by the Commission, and the Company hereby confirms that no securities were sold or will
be sold under the Registration Statement. The Company also acknowledges that no refund will be made for fees paid to the Commission
in connection with the filing of the Registration Statement. However, the Company requests, in accordance with Rule 457(p) under
the Act, that all fees paid to the Commission in connection with the filing of the Registration Statement be credited to the Company’s
account for future use.
Please send copies of the written order
granting withdrawal of the Registration Statement to Peter H. Nielsen, President and Chief Executive Officer of the Company, at
the address set forth above with a copy to the Company’s counsel, William R. Rohrlich, II of Winstead PC, by email at wrohrlich@winstead.com
or by facsimile at (281) 681-5901. If you have any questions with respect to this matter, please contact William R. Rohrlich, II
at Winstead PC, the Company’s outside legal counsel, at (281) 681-5912 or wrohrlich@winstead.com.
Sincerely,
Bio-Path Holdings, Inc.
By:
/s/ Peter H. Nielsen
Name: Peter H. Nielsen
Title: President and Chief
Executive Officer
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