0001558370-24-015923.txt : 20241125 0001558370-24-015923.hdr.sgml : 20241125 20241125163019 ACCESSION NUMBER: 0001558370-24-015923 CONFORMED SUBMISSION TYPE: RW PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20241125 DATE AS OF CHANGE: 20241125 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Aerovate Therapeutics, Inc. CENTRAL INDEX KEY: 0001798749 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] ORGANIZATION NAME: 03 Life Sciences IRS NUMBER: 831377888 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: RW SEC ACT: SEC FILE NUMBER: 333-280094 FILM NUMBER: 241496330 BUSINESS ADDRESS: STREET 1: 930 WINTER STREET STREET 2: SUITE M-500 CITY: WALTHAM STATE: MA ZIP: 02451 BUSINESS PHONE: 617-443-2400 MAIL ADDRESS: STREET 1: 930 WINTER STREET STREET 2: SUITE M-500 CITY: WALTHAM STATE: MA ZIP: 02451 RW 1 tmb-20241125xrw.htm RW

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Aerovate Therapeutics, Inc.

930 Winter Street, Suite M-500

Waltham, MA 02451

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November 25, 2024

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Via EDGAR Transmission

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Securities and Exchange Commission

Division of Corporation Finance

100 F Street N.E.

Washington, D.C. 20549

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Re:

Aerovate Therapeutics, Inc. - Request for Withdrawal of Registration

Statement on Form S-3 (File No. 333-280094)

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Ladies and Gentlemen:

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Pursuant to Rule 477 promulgated under the Securities Act of 1933, as amended (the “Securities Act”), Aerovate Therapeutics, Inc. (the “Company”) hereby requests that the Securities and Exchange Commission (the “Commission”) consent to the withdrawal of the Company’s registration statement on Form S-3 (File No. 333-280094), together with the exhibits thereto, which was filed on June 10, 2024 (the “Registration Statement”), as of the date hereof or at the earliest practicable date hereafter. The Registration Statement has not been declared effective by the Commission and no securities have been issued or sold under the Registration Statement.

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Accordingly, the Company respectfully requests, in accordance with Rule 457(p) under the Securities Act, that all fees paid to the Commission in connection with the filing of the Registration Statement be credited to the Company’s account to be offset against the filing fee for any future registration statement or registration statements.

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If you have questions regarding this request, please contact the Company’s legal counsel, Alicia Tschirhart, Esq., of Goodwin Procter LLP, at (415) 733-6156.

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Very truly yours,

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Aerovate Therapeutics, Inc.

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/s/ Timothy P. Noyes

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Chief Executive Officer

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cc:

George Eldridge, Aerovate Therapeutics, Inc.

Edwin M. O’Connor, Esq., Goodwin Procter LLP

Alicia Tschirhart, Esq., Goodwin Procter LLP

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