Legal Considerations in Pre-IPO Crossover Financings

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An increasingly common financing strategy for companies expecting to conduct an initial public offering (IPO), particularly in the life sciences space, is to conduct a ‘‘crossover’’ financing shortly prior to the IPO. Crossover financings are capital raises by private companies that include investors that traditionally invest primarily in public companies, rather than with just venture capital funds and other more traditional private company investors. Crossover financings provide unique benefits to both the company and the participating crossover investors beyond just providing an infusion of cash and a private company investment opportunity.

Originally published in Bloomberg BNA's Corporate Law & Accountability ReportTM - November 17, 2017.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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