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When is the price of an offered security “determined” for purposes of applying the Regulation M restricted period? Is the price determined when the underwriter and issuer orally agree on the price or when the underwriters formally contract to underwrite the offering, which may occur later?

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When is the price of an offered security “determined” for purposes of applying the Regulation M restricted period? Is the price determined when the underwriter and issuer orally agree on the price or when the underwriters formally contract to underwrite the offering, which may occur later?

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The determination of the offering price occurs when the parties agree on the price, whether or not the agreement is memorialized in writing.

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