United States securities and exchange commission logo
May 2, 2024
Owen Hughes
Chief Executive Officer
XOMA Corporation
2200 Powell Street, Suite 310
Emeryville, CA 94608
Re: XOMA Corporation
Registration
Statement on Form S-4
Response Dated
April 17, 2024
File No. 333-277812
Dear Owen Hughes:
We have reviewed your April 17, 2024 response to our comment
letter and have the
following comments.
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 your response to this letter, we may have
additional comments. Unless
we note otherwise, any references to prior comments are to comments in
our April 3, 2024 letter.
Response Dated April 17, 2024
General
1. We note in your
response to prior comment 2 included in our April 3, 2024 letter that
[o]nce the Specified
Product has received FDA approval and is being marketed, the
payments received by
XOMA US in respect of the applicable Royalty Interest are
typically calculated as
a percentage of sales revenues generated by the Specified
Product .
(emphasis added). Please supplementally explain this reference to typically,
including what
constitutes the typical circumstances under which Royalty Interests are
so calculated, their
frequency and under what circumstance and frequency Royalty
Interests are
calculated in an atypical manner.
2. Please update the
Company s risk factor disclosure to specifically reference (i) the
Company s reliance on
the exemption at section 3(c)(5)(A) of the Investment Company
Act of 1940 and (ii)
the Company s belief that it may properly rely on the Royalty Pharma
staff letter and its
intent to do so.
Owen Hughes
XOMA Corporation
May 2, 2024
Page 2
Please contact Tamika Sheppard at 202-551-8346 or Alan Campbell at
202-551-4224
with any questions.
Sincerely,
FirstName LastNameOwen Hughes
Division of Corporation
Finance
Comapany NameXOMA Corporation
Office of Life Sciences
May 2, 2024 Page 2
cc: Branden C. Berns
FirstName LastName