At-the-Market Offerings: Legal Considerations for Issuers and Investors
Evaluating and Using ATMs to Raise Public Equity
Recording of a 60-minute premium CLE webinar with Q&A
This CLE course will provide guidance to counsel advising issuers and institutional investors on the emerging use of at-the-market offerings as a financing alternative. The panel will offer strategies for leveraging the new financing opportunity while managing legal and business risks.
Outline
- ATM Overview
- Setting up an ATM offering
- Eligibility requirements
- Documentation
- Legal and business considerations and strategies
- Shelf registration maintenance
- Disclosure
- Transaction costs and deliverables
- Regulation M and other securities laws
- Trading windows
- Exchange and FINRA requirements
- Comparison to other equity products
- Current Trends
- Globalization
- Execution
Benefits
The panel will review these and other key questions:
- What benefits and risks do ATMs offer as an alternative source of financing for businesses seeking capital?
- What are the unique securities requirements applicable to ATMs — and legal concerns associated with them?
- What best practices should counsel apply in representing issuers, shareholders and investors in ATM offerings?
Faculty
Dean M. Colucci
Partner
DLA Piper
He has a broad corporate finance practice that extends across structured and asset-based finance, global infrastructure... | Read More
He has a broad corporate finance practice that extends across structured and asset-based finance, global infrastructure development and finance, cross-border M&A, and capital markets transactions. He has been at the forefront of developing several “At-the-Market Offering” products and has been lead counsel on over 40 transactions employing ATMs, which have raised $8 billion in equity capital.
CloseJoshua Feldman
Director
Cantor Fitzgerald
He is a senior member of the Equity Capital Markets Execution Group. His team is dedicated to the Controlled Equity... | Read More
He is a senior member of the Equity Capital Markets Execution Group. His team is dedicated to the Controlled Equity Offering (“CEO”), Cantor’s proprietary “at-the-market” equity issuance program that has helped public companies raise over $10 billion. He has been involved in more than 80 at-the-market offerings and has been instrumental in bringing this capital-raising method to corporate clients.
CloseJames T. Seery
Partner
DLA Piper
His experience includes public and private offerings of debt and equity securities, acquisitions of public and private... | Read More
His experience includes public and private offerings of debt and equity securities, acquisitions of public and private entities and special committee representation. He also advises on 1934 Act disclosure and compliance issues, as well as on corporate governance issues, including compliance with the Sarbanes Oxley Act.
Close