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The underwriting agreement contains the details of the transaction, including the underwriting group's commitment to purchase the new securities issue, the agreed-upon price, the initial resale price, and the settlement date. A best-efforts underwriting agreement is mainly used in the sales of high-risk securities.
The most common type of underwriting agreement is a firm commitment in which the underwriter agrees to assume the risk of buying the entire inventory of stock issued in the IPO and sell to the public at the IPO price.
In the securities market, underwriting involves determining the risk and price of a particular security. It is a process seen most commonly during initial public offerings, wherein investment banks first buy or underwrite the securities of the issuing entity and then sell them in the market.
There are a number of standard documents that lawyers must prepare for an initial public offering (IPO) of a company. The main document is the S-1 registration statement.
In the context of share issues or offers, the financial institution that agrees to purchase or to procure other institutions (called sub-underwriters) to purchase the shares to the extent that they are not sold under the offer. Most large share issues and offers by listed companies are underwritten.