United States securities and exchange commission logo
November 6, 2020
Jack Hightower
Chairman and Chief Executive Officer
HighPeak Energy, Inc.
421 W. 3rd Street, Suite 1000
Fort Worth, Texas 76102
Re: HighPeak Energy,
Inc.
Amendment No. 1 to
Registration Statement on Form S-1
Filed October 22,
2020
File No. 333-248898
Dear Mr. Hightower:
We have reviewed your amended registration statement and have the
following
comments. In some of our comments, we may ask you to provide us with
information so we
may better understand your disclosure.
Please respond to this letter by amending your registration
statement and providing the
requested information. If you do not believe our comments apply 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 these comments, we may have additional comments.
Unless we note
otherwise, our references to prior comments are to comments in our
October 8, 2020 letter
Amendment No. 1 to Registration Statement on Form S-1
General
1. We note your response
to our prior comment and that you continue to seek to register the
issuance of shares of
common stock underlying 8,976,875 contingent value rights
("CVRs") that were
previously privately placed to forward purchase investors on the basis
that such CVRs do not
mature within one year. However, we also note that the forward
purchase investors
appear to have made their investment decision with respect to the
CVRs and the shares of
common stock underlying such CVRs at the time of the private
placement. As the
forward purchase investors made their investment decision in a
transaction that
commenced privately, such transaction must be completed privately and
cannot be converted to
a registered offering. Please revise your registration fee table and
Jack Hightower
HighPeak Energy, Inc.
November 6, 2020
Page 2
prospectus to indicate that the registration statement does not cover the
offer and sale of
these shares. Alternatively, provide further analysis as to why you
believe you are eligible
to register the issuance of shares of common stock underlying the CVRs
issued to forward
purchase investors. For guidance, refer to Securities Act Sections
Compliance and
Disclosure Interpretations 103.04 and 239.15.
You may contact Irene Barberena-Meissner, Staff Attorney, at
202-551-6548 or Karina
Dorin, Staff Attorney, at 202-551-3763 with any questions.
Sincerely,
FirstName LastNameJack Hightower
Division of
Corporation Finance
Comapany NameHighPeak Energy, Inc.
Office of Energy &
Transportation
November 6, 2020 Page 2
cc: Sarah K. Morgan, Esq.
FirstName LastName