Equity Distribution Agreements: Fundamental Elements | Practical Law

Equity Distribution Agreements: Fundamental Elements | Practical Law

An overview of the terms and provisions in a typical equity distribution agreement. These agreements are commonly used in connection with at-the-market (ATM) offerings, which is an offering of securities into an existing trading market at publicly available bid prices. This Note includes an examination of the typical covenants of the issuer, conditions precedent, commissions, expense allocation provisions, and termination provisions. It also addresses issues related to shelf registrations of ATM offerings and procedures for establishing and maintaining the equity distribution program.

Equity Distribution Agreements: Fundamental Elements

Practical Law Practice Note 2-502-7263 (Approx. 11 pages)

Equity Distribution Agreements: Fundamental Elements

by Practical Law Corporate & Securities
MaintainedUSA (National/Federal)
An overview of the terms and provisions in a typical equity distribution agreement. These agreements are commonly used in connection with at-the-market (ATM) offerings, which is an offering of securities into an existing trading market at publicly available bid prices. This Note includes an examination of the typical covenants of the issuer, conditions precedent, commissions, expense allocation provisions, and termination provisions. It also addresses issues related to shelf registrations of ATM offerings and procedures for establishing and maintaining the equity distribution program.