https://content.next.westlaw.com/practical-law/document/Ibb0a1069ef0511e28578f7ccc38dcbee/Bringing-Investors-Over-the-Wall?viewType=FullText&transitionType=Default&contextData=(sc.Default)A discussion of a financing technique whereby certain issuers bring a limited number of potential investors "over the wall" to confidentially pre-market a securities offering before announcing the deal publicly. These transactions can be referred to as wall-crossed offerings, confidentially marketed public offerings or pre-marketed offerings. This Practice Note also discusses the securities law implications of wall-crossed offerings and the suggested process, including obtaining non-disclosure agreements and cleansing the market options if pre-marketing is unsuccessful.
A discussion of a financing technique whereby certain issuers bring a limited number of potential investors "over the wall" to confidentially pre-market a securities offering before announcing the deal publicly. These transactions can be referred to as wall-crossed offerings, confidentially marketed public offerings or pre-marketed offerings. This Practice Note also discusses the securities law implications of wall-crossed offerings and the suggested process, including obtaining non-disclosure agreements and cleansing the market options if pre-marketing is unsuccessful.