0000919574-22-005502.txt : 20221018 0000919574-22-005502.hdr.sgml : 20221018 20220909171233 ACCESSION NUMBER: 0000919574-22-005502 CONFORMED SUBMISSION TYPE: CORRESP PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20220909 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DIANA SHIPPING INC. CENTRAL INDEX KEY: 0001318885 STANDARD INDUSTRIAL CLASSIFICATION: DEEP SEA FOREIGN TRANSPORTATION OF FREIGHT [4412] IRS NUMBER: 000000000 FILING VALUES: FORM TYPE: CORRESP BUSINESS ADDRESS: STREET 1: PENDELIS 16 STREET 2: 175 64 PALAIO FALIRO CITY: ATHENS STATE: J3 ZIP: 00000 BUSINESS PHONE: 30-210-947-0100 MAIL ADDRESS: STREET 1: PENDELIS 16 STREET 2: 175 64 PALAIO FALIRO CITY: ATHENS STATE: J3 ZIP: 00000 CORRESP 1 filename1.htm
 
Seward & Kissel llp
ONE BATTERY PARK PLAZA
NEW YORK, NEW YORK  10004
 
  
     
WRITER’S DIRECT DIAL
TELEPHONE:  (212)  574-1200
FACSIMILE:  (212) 480-8421
WWW.SEWKIS.COM
901 K Street, NW
WASHINGTON, D.C. 20001
TELEPHONE:  (202) 737-8833
FACSIMILE:  (202) 737-5184



 
September 9, 2022

U.S. Securities and Exchange Commission
Division of Corporation Finance
Office of Energy & Transportation
100 F Street, N.E.
Washington, D.C. 20549

 Re:
Diana Shipping Inc.
Registration Statement on Form F-3
Filed September 9, 2022
File No. 333-266999
Dear Ms. Barberena-Meissner,
This letter sets forth the response of Diana Shipping Inc. (the “Company”) to the comment letter dated September 8, 2022 (the “Comment Letter”) of the staff (the “Staff”) of the U.S. Securities and Exchange Commission (the “Commission”) with respect to the Company’s registration statement on Form F-3 (the “Registration Statement”) filed on August 19, 2022 via EDGAR. The Company is today submitting via EDGAR this letter together with its amended exhibits-only filing Form F-3, which responds to the Staff’s comment contained in the Comment Letter.
On behalf of the Company, we respond to the Staff’s comments contained in the Comment Letter as set forth below. Any capitalized terms used herein but not defined shall have the meaning ascribed to them in the Registration Statement.
Registration Statement on Form F-3
Exhibits
1.
We note your disclosure that on August 10, 2022, you entered into an agreement with Sea Trade Holdings Inc. to acquire nine dry bulk vessels for an aggregate purchase price of $330 million, consisting of $220 million in cash and an aggregate of 18,487,395 of your common shares underlying warrants that you issued to Sea Trade on August 17, 2022 and are exercisable upon the delivery of the vessels. We also note you disclose this registration statement is being filed to register the resale of the shares underlying these warrants pursuant to a registration rights agreement you also entered into with Sea Trade. Please file the registration rights agreement, or tell us why you believe you are not required to do so. Refer to Item 601(b) of Regulation S-K.

U.S. Securities and Exchange Commission
September 9, 2022
Page 2


In response to the Staff’s comment, the Company has resubmitted an exhibits-only filing of the Registration Statement that includes the registration rights agreement filed as an exhibit.
If you have any questions or comments concerning the enclosed, please feel free to contact the undersigned at (212) 574-1265 (horton@sewkis.com), or Jenny Elberg at (212) 574-1657 (elberg@sewkis.com).
 
Sincerely,
 
/s/ Edward S. Horton                  
 
Edward S. Horton, Esq.