Confidentially Marketed Public Offerings: Questions to Ask Before Proceeding

Summary

This checklist comprises questions that counsel for a company considering a confidentially marketed public offering (CMPO) should discuss with the company’s senior executives and directors to assist them in determining whether to proceed with the offering and in understanding how the offering will be conducted. CMPOs are complex, very fast-paced, and labor-intensive, and thus thorough planning by company counsel and other offering participants is essential to ensure a successful offering. CMPOs are also referred to as “wall-crossed,” pre-marketed,” or “overnight” offerings.