Atm Equity Distribution Agreement

Draft ATM Equity Distribution Agreements in Minutes

12 minutes with CaseMark

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Upload your documents and get a finished work product in minutes. New accounts get $5 free to run their first skill.

12 minutes with CaseMark

What you'll need

Issuer & Offering Details
Registration Statement (Form S-3)
Agent Engagement Terms

SOC 2 Type II · HIPAA compliant · $5 free credit

Workflow

Overview

CaseMark's ATM Equity Distribution Agreement skill uses AI to draft comprehensive, market-standard agreements for at-the-market offering programs under Rule 415(a)(4). The tool generates a complete agreement covering agency appointment, sale mechanics, representations and warranties, indemnification, and all standard provisions—reducing what typically takes days of attorney drafting time to minutes.

Drafting an ATM Equity Distribution Agreement is a complex, time-intensive process requiring deep familiarity with SEC regulations, FINRA rules, exchange listing standards, and evolving market conventions. Securities attorneys typically spend days assembling and customizing these agreements, cross-referencing registration statements, and ensuring every provision meets current regulatory requirements—all while facing tight deal timelines.

CaseMark's AI-powered drafting skill generates a complete, market-standard ATM Equity Distribution Agreement tailored to your specific issuer, registration statement, and agent terms. By automating the initial draft with built-in regulatory compliance structures, CaseMark lets your securities team focus on negotiation and strategic counsel rather than document assembly.

How it works

1. Provide issuer details, registration statement information, and agent engagement terms
2. AI generates a complete ATM Equity Distribution Agreement following market-standard structures
3. Review and customize provisions including commission rates, volume caps, and governing law
4. Export the finalized agreement in your preferred format (DOCX, PDF)

What you get

Parties & Recitals
Definitions
Agency Appointment
Sale Mechanics & Settlement
Compensation & Expenses
Representations & Warranties
Issuer Covenants
Indemnification & Contribution
Conditions Precedent
Termination Provisions
General Provisions

What it handles

Generates complete ATM agreement with all standard sections from parties through general provisions
Structures Rule 415(a)(4) compliant sale mechanics including placement notices, volume caps, and T+2 settlement
Builds comprehensive representations, warranties, and issuer covenants tailored to your offering
Drafts mutual indemnification provisions with contribution caps tied to commissions received
Configures conditions precedent for initial closing and per-placement deliverables
Incorporates exchange-specific listing rules and 20% shareholder approval thresholds

Required documents

Issuer & Offering Details
Key issuer information including legal name, state of incorporation, principal office, securities class, par value, and proposed ATM program maximum
.pdf, .docx, .txt
Registration Statement (Form S-3)
The effective Form S-3 registration statement including file number, effective date, and maximum aggregate offering amount
.pdf, .docx
Agent Engagement Terms
Sales agent details including legal name(s), FINRA registration status, proposed commission rate, and any co-manager or sub-agent arrangements
.pdf, .docx, .txt

Supporting documents

Prior ATM Agreement
Any existing or prior ATM equity distribution agreement for reference or renewal purposes
.pdf, .docx
Lock-Up or Restriction Agreements
Existing lock-up agreements or contractual restrictions that may affect the ATM program
.pdf, .docx
Exchange Listing Documentation
NYSE or Nasdaq listing documentation including shareholder approval status for the 20% issuance cap
.pdf, .docx

Why teams use it

Reduce ATM agreement drafting time from days to minutes while maintaining market-standard quality

Ensure structural compliance with Rule 415(a)(4), Regulation M, and exchange listing rules

Produce consistent, comprehensive agreements that cover all critical provisions from definitions through termination

Free up senior securities attorneys to focus on deal strategy and negotiation rather than initial drafting

Questions

What type of ATM agreement does this skill produce?

CaseMark generates a market-standard Equity Distribution Agreement for at-the-market offering programs conducted under Rule 415(a)(4). The output covers all essential sections from agency appointment through termination, following conventions used by major investment banks and issuers.

Does the agreement comply with current SEC and FINRA requirements?

The generated agreement is structured to comply with Rule 415(a)(4), Regulation M, and applicable FINRA rules. CaseMark incorporates standard regulatory provisions, but all output should be reviewed by qualified securities counsel before execution.

Can I customize the commission rate and expense allocation?

Absolutely. CaseMark allows you to specify the commission percentage (market standard is 2–3% of gross proceeds), expense allocation between issuer and agent, and wire transfer instructions. All commercial terms are fully customizable in the generated draft.

Does it handle multi-agent or co-manager arrangements?

Yes. CaseMark can structure the agreement for single or multiple sales agents, including co-manager arrangements and sub-agent consent provisions. Simply provide the details for each agent in your input.

How does CaseMark handle exchange-specific listing rules?

The generated agreement incorporates provisions for your principal listing market (NYSE or Nasdaq), including references to the 20% issuance cap and shareholder approval requirements where applicable. You specify your exchange and approval status in the input.

Can I use this for renewing an existing ATM program?

Yes. CaseMark is designed for both new ATM program establishment and renewals. You can reference prior ATM agreements and existing lock-up arrangements in your inputs, and the AI will generate an agreement that accounts for your program history.