In connection with a registered securities offering, the underwriters of the offering typically enter into an underwriting agreement with the issuer of the securities and any selling stockholders. The underwriting agreement sets forth the terms and conditions pursuant to which the underwriters will purchase the offered securities and distribute them to the public. Both the issuer’s and underwriters’ legal counsel play critical roles in negotiating key provisions of the underwriting agreement that have significant effects on the offering.
Partner Brian Hirshberg discusses top tips for drafting and negotiating an underwriting agreement. See the full video here. (Requires LexisNexis Account)
View an introductory clip below.