United States securities and exchange commission logo
December 27, 2023
Jill Milne
President and Chief Executive Officer
Astria Therapeutics, Inc.
75 State Street
Suite 1400
Boston, Massachusetts 02109
Re: Astria
Therapeutics, Inc.
Registration
Statement on Form S-3
Filed December 15,
2023
File No. 333-276057
Dear Jill Milne:
We have conducted a limited review of your registration statement
and have the
following comment.
Please respond to this letter by amending your registration
statement and providing the
requested information. If you do not believe a comment applies to your
facts and circumstances
or do not believe an amendment is appropriate, please tell us why in
your response.
After reviewing any amendment to your registration statement and
the information you
provide in response to this letter, we may have additional comments.
Registration Statement on Form S-3 filed December 15, 2023
General
1. In relation to the
warrant share prospectus, we note that the Pre-Funded Warrants and
Common Stock Warrants
were issued and sold in an underwritten offering in October
of 2023. We also note
that both the Pre-Funded Warrants and Common Stock Warrants
were exercisable from
the date of issuance. As set out in Securities Act Sections C&DI
Question 103.04, where
the offer and sale of convertible securities or warrants are being
registered under the
Securities Act and such securities are convertible or exercisable
within one year, the
underlying securities should be registered at the same time because an
offering of both the
overlying security and underlying security is deemed to be taking
place. With this in
mind, please explain your rationale for including the warrant share
prospectus as part of
this registration statement.
Jill Milne
Astria Therapeutics, Inc.
December 27, 2023
Page 2
We remind you that the company and its management are responsible for
the accuracy
and adequacy of their disclosures, notwithstanding any review, comments, action
or absence of
action by the staff.
Refer to Rules 460 and 461 regarding requests for acceleration. Please
allow adequate
time for us to review any amendment prior to the requested effective date of
the registration
statement.
Please contact Cindy Polynice at 202-551-8707 or Laura Crotty at
202-551-7614 with
any other questions.
Sincerely,
FirstName LastNameJill Milne
Division of
Corporation Finance
Comapany NameAstria Therapeutics, Inc.
Office of Life
Sciences
December 27, 2023 Page 2
cc: Jeffries Oliver-Li
FirstName LastName