If an issuer free writing prospectus contains both descriptions of certain terms of the securities and other information, when must the issuer file the free writing prospectus?
The issuer can consider separately the filing requirements for the terms of the securities and the other information that is contained in the free writing prospectus. With regard to the “other information,” the issuer must file the issuer free writing prospectus, other than the description of certain terms of the securities, no later than the date of first use. With regard to the terms of the securities, the issuer must file the description of the terms of the securities only if that description represents the final terms of the securities.
Related Questions
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