Top 10 Practice Tips: At-the-Market Offerings

This top 10 practice tips discusses practice points for an at-the-market (ATM) offering. An ATM offering is an offering of an issuer’s securities into an existing trading market for such securities at publicly available price or prices related to the then-market price of the securities pursuant to Rule 415(a)(4) (17 C.F.R. § 230.415(a)(4)). An issuer’s internal legal team and outside counsel play critical roles in properly documenting an ATM offering. These practices tips are specific to domestic registrants, but the requirements for foreign private issuers (FPIs) are largely similar in concept. Below are 10 practice tips that you should keep in mind for an ATM offering.

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