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Series 79: Underwriting & New Financing
Series 79 practice questionmediumLock-Up Agreements

Who has the authority to waive or release lock-up agreements early?

  1. AThe SEC must approve any early release from lock-up
  2. BLock-up agreements cannot be waived under any circumstances
  3. COnly the company's board of directors can release insiders from lock-up
  4. DThe lead underwriter typically has sole discretion to waive or modify lock-up restrictions✓ Correct answer
Explanation

Why DThe lead underwriter typically has sole discretion to waive or modify lock-up restrictions

The lead bookrunner typically controls contractual waivers. FINRA Rule 5131(d)(2)(B) requires notice to the issuer and a public announcement at least two business days before a covered release or waiver, subject to stated exceptions.

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