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Re: BioChica post# 33469

Thursday, 09/04/2014 5:48:31 AM

Thursday, September 04, 2014 5:48:31 AM

Post# of 429566
They submitted the shelf registration request on 08/07 and the delay amendment on 08/15, one week later. Since I do not think they forget to delay, and the delay was necessary – not just an option - something had to happen between the submission and the delay.

The advantage of the delay is to keep the statement pending. In this way, the issuer and the staff can choose the registration statement’s effective date. I wrote about it in #32808 and #32841

Why is good to keep the statement pending?
a.) not necessary now
b.) fill an amendment
c.) “extend” the 3 years (financial gain is small, so forget it)

I do not think the reason is BO offer on the table.
- a.) fit to this only,
- BO is not a short process, so they did not know it within a week it will be finalized (unless the offer is $30+ ?
- If they think the BO will be agreed they could leave the new owner to do with the shelf what they want, delay is not necessary

I think they would like to fill an amendment to the shelf registration: change the prospectus. I could imagine one material reason only: change the Vascepa market / indication. Top of this – coincidence (?) – on 08/14 pps jumped $0,19 / 12%.

What could be the reason to change Vascepa indication and pps movement?

FDA will reinstate the SPA supported by MPC recommendation on (or before) 08/14.

Maybe I am wrong, however I could not imagine any other, realistic reason and I am not believe in coincidence.

ps.:
Dancing in the dark: Shelf is not active. SEC could not activate a shelf that is pending due to delay amendment, until the company issue a new amendment and as we know it did not happened.
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