Is the SEC filing of a recorded road show considered a free-writing prospectus?

A recorded road show qualifies as a free-writing prospectus because it utilizes written communication that provides information or offers regarding a securities offering outside the confines of a traditional prospectus. A free-writing prospectus is defined by the SEC as any written communication that offers securities, and since a recorded road show often includes slides, charts, and other visual elements along with spoken commentary, it encompasses more than just oral elements.

The key component here is that the recorded road show allows issuers to enhance their message through various written forms, making it a type of free-writing prospectus. It helps potential investors gather more information in a more digestible format, aligning with the SEC's intention behind allowing free-writing prospectuses to supplement the information available in official filings.