Withdrawal of Registration Statement (rw)
November 07 2017 - 5:11PM
Edgar (US Regulatory)
Checkpoint
Therapeutics, Inc.
2 Gansevoort
Street, 9th Floor
New York, New York
November 7,
2017
VIA EDGAR AND OVERNIGHT DELIVERY
U.S. Securities and Exchange Commission
100 F Street N.E.
Washington, D.C. 20549
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Re:
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Checkpoint Therapeutics, Inc. Registration Statement on Form S-1 (File No. 333-216860)
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Ladies and Gentlemen:
On behalf of Checkpoint
Therapeutics, Inc., a Delaware corporation (“
Company
”), we hereby request, pursuant to Rule 477 of the
Securities Act of 1933, as amended (“
Securities Act
”), that the Registration Statement on Form S-1, together
with all exhibits and amendments thereto (File No. 333-216860), as initially filed with the Securities and Exchange Commission
(“
Commission
”) on March 21, 2017 (“
Registration Statement
”) be withdrawn
effective immediately. The Company is seeking withdrawal of the Registration Statement because of unfavorable market conditions
at the time it was filed. The Registration Statement has not been declared effective and none of the Company’s securities
have been sold pursuant to the Registration Statement.
In accordance
with Rule 457(p) of 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 towards the fee associated with the Company’s planned filing of
a Registration Statement on Form S-3.
Accordingly, we
request that the Commission issue an order granting the withdrawal of the Registration Statement (“
Order
”)
effective as of the date hereof or at the earliest practicable date hereafter. Please provide a copy of the Order to Mark F. McElreath
of Alston & Bird LLP, via email at mark.mcelreath@alston.com.
The Company also
advises the Commission pursuant to Rule 477(c) of the Securities Act that it may undertake a subsequent private offering in reliance
on Rule 155(c) under the Securities Act.
Should you have
any questions regarding this request for withdrawal, please contact the Company’s legal counsel, Mark F. McElreath of Alston
& Bird LLP, by telephone at (212) 210-9595.
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Very truly yours,
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CHECKPOINT THERAPEUTICS, INC.
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/s/ James F. Oliviero
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James F. Oliviero
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President and Chief Executive Officer
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