0001437749-15-013436.txt : 20150807 0001437749-15-013436.hdr.sgml : 20150807 20150708205736 ACCESSION NUMBER: 0001437749-15-013436 CONFORMED SUBMISSION TYPE: CORRESP PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20150708 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NovaBay Pharmaceuticals, Inc. CENTRAL INDEX KEY: 0001389545 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 680454536 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: CORRESP BUSINESS ADDRESS: STREET 1: 5980 HORTON STREET STREET 2: SUITE 550 CITY: EMERYVILLE STATE: CA ZIP: 94608 BUSINESS PHONE: (510) 899-8800 MAIL ADDRESS: STREET 1: 5980 HORTON STREET STREET 2: SUITE 550 CITY: EMERYVILLE STATE: CA ZIP: 94608 CORRESP 1 filename1.htm nby20150708_corresp.htm

 

July 8, 2015

 

VIA EDGAR

 

Securities and Exchange Commission

Division of Corporation Finance

100 F Street, N.E.

Washington, DC 20549

 

Re:

NovaBay Pharmaceuticals, Inc. (the “Company”)
Form S-3, File No. 333-204998

 

Ladies and Gentlemen:

 

The Company hereby requests that the Securities and Exchange Commission (the “Commission”) take appropriate action to cause the above-referenced Registration Statement on Form S-3 to become effective as of 5:00 p.m. (Eastern time) on Friday, July 10, 2015, or as soon as practicable thereafter.

 

The Company further acknowledges that:

 

 

●

should the Commission or the staff, acting pursuant to delegated authority, declare the filing effective, it does not foreclose the Commission from taking any action with respect to the filing;

 

 

●

the action of the Commission or the staff, acting pursuant to delegated authority, in declaring the filing effective, does not relieve the Company from its full responsibility for the adequacy and accuracy of the disclosure in the filing; and

 

 

●

the Company may not assert staff comments and the declaration of effectiveness as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States.

 

 

 

Very truly yours,

 

 

 

 

 

 

NovaBay Pharmaceuticals, Inc.

 

 

 

 

       
 

 

By:

/s/ Thomas J. Paulson                                

 

 

 

Thomas J. Paulson

 

 

 

Chief Financial Officer

cc:

Brett D. White, Cooley LLP

 

 

 

Nikki D. Pope, Cooley LLP