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Broadly speaking, there are two types of underwriting arrangementsfirm commitment underwriting and best efforts underwriting. As the name suggests, in firm commitment underwriting, the banks definitively commit to purchase all the securities offered.
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.
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.
(c) Yes. The company can enter into an Underwriting Agreement with underwriters by paying them a commission. The underwriters assure the company to take up the unsold shares so that the company is able to raise its minimum subscription.
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.