Withdrawal of Registration Statement (rw)
September 17 2020 - 4:22PM
Edgar (US Regulatory)
September
17, 2020
VIA EDGAR
Division
of Corporation Finance
Securities
and Exchange Commission
100 F
Street, N.E.
Washington,
D.C. 20549
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Re:
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AzurRx BioPharma, Inc.
Withdrawal of Registration Statement on Form S-3
File No. 333-236333
CIK No. 0001604191
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Ladies
and Gentlemen:
AzurRx
BioPharma, Inc. (the “Company”), hereby requests,
pursuant to Rule 477 of the Securities Act of 1933, as amended
(“Securities
Act”) that the Company’s Registration Statement
on Form S-3 (File No. 333-236333), initially filed with the
Securities and Exchange Commission (“SEC”) on February 7, 2020,
together with all exhibits and amendments thereto
(“Registration
Statement”), be withdrawn effective
immediately.
The
Company is seeking withdrawal of the Registration Statement at this
time because the Company opted to include the shares being offered
as part of the Registration Statement in a separate registration
statement on Form S-3 (File No. 333-240129), which was filed with
the Commission on July 27, 2020. The Registration Statement has not
been declared effective and no securities of the Company were sold
pursuant to the Registration Statement. Based on the foregoing, the
Company submits that the withdrawal of the Registration Statement
is consistent with the public interest and protection of investors
as contemplated by paragraph (a) of Rule 477. The Company requests
that, in accordance with Rule 457(p) under the Securities Act, all
fees paid to the SEC in connection with the filing of the
Registration Statement be credited for future use.
It is
our understanding that this request will be deemed granted as of
the date that it is filed with the SEC unless, within fifteen days
after such date, the Company receives notice from the SEC that this
request will not be granted.
If you
have any further questions regarding this request for withdrawal,
or if you require any additional information, please contact our
outside counsel, James O’Grady, Esq. at (646) 414-6849. Thank
you for your assistance.
Very
truly yours,
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AzurRx
BioPharma, Inc.
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By:
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/s/ James
Sapirstein
James
Sapirstein
President
and Chief Executive Officer
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