Form RW - Registration Withdrawal Request
February 29 2024 - 6:00AM
Edgar (US Regulatory)
4710 Bellaire Boulevard, Suite 210
Bellaire, Texas 77401
(832) 742-1357
February 29, 2024
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. 333-276239 |
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. 333-276239), together with all amendments and exhibits thereto, initially filed with the Commission on December 22, 2023
(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.
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Sincerely, |
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Bio-Path Holdings, Inc. |
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By: |
/s/ Peter H. Nielsen |
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Name: |
Peter H. Nielsen |
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Title: |
President and Chief Executive
Officer |
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