Apogee Co. has filed with the SEC for many years, and its market capitalization is $10 billion. Perigee Co. has filed continuously with the SEC for 3 years, and its market capitalization is $75 million. Which of the following is most likely a true statement about communications prior to and during a registered offering of securities?

A. Only Apogee may make oral communications at any time if certain conditions are met.
B. Only Apogee may communicate a free-writing prospectus after the registration statement is filed.
C. Apogee and Perigee may make written offers at any time.
D. Neither Apogee nor Perigee may make communications prior to filing the registration statement.

Answer: A. Only Apogee may make oral communications at any time if certain conditions are met.

Business

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