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The underwriting agreement contains an agreement by the underwriter(s) to purchase the offered securities from the issuer or other seller and to resell them to the public, the underwriting discount, representations and warranties of the parties, certain covenants, expense allocation and indemnification provisions.
A contract among participating members of a syndicate that defines the members' proportionate liability, which is usually limited to and based on the participants' level of involvement. The contract outlines the payment schedule on the settlement date.
In a best efforts underwriting, the underwriters do not agree to purchase all of the securities from the issuer. Underwriters agree to use their best efforts to sell the securities and act only as an agent of the issuer in marketing the securities to investors.
In connection with a registered securities offering, the underwriters of the offering typically enter into an underwriting agreement with the issuer of the securities and any selling stockholders.
An underwriting agreement is a contract between a group of investment bankers who form an underwriting group or syndicate and the issuing corporation of a new securities issue.
The types of underwriter commitment options are: (1) firm commitment, in which the underwriter guarantees the purchase and resale of all shares; (2) best efforts, in which shares are sold to investors with no guarantee that all of them will be distributed; (3) all-or-none agreement, in which failure to distribute all ...
--All members of the syndicate, including the managing underwriter, sign the agreement among underwriters.