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Underwriting (UW) services are provided by some large financial institutions, such as banks, insurance companies and investment houses, whereby they guarantee payment in case of damage or financial loss and accept the financial risk for liability arising from such guarantee.
The contract outlines the underwriting group's commitment to purchase the new securities issue, the agreed-upon price, the initial resale price, and the settlement date. There are several ways of structuring an underwriting agreement including best efforts and firm commitment, among others.
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.
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.
While firm commitment and best efforts agreements are the most common types of underwriting deals, there are other alternatives as well.
It is suitable for use by either: A Public Limited Company arranging terms with an Underwriter who is eligible under the SEBI Act, 1992; A Share broker, merchant banker / underwriting firm in an arrangement for subscription to the public issue of a Public Limited Company.
This type of underwriting can involve individual stocks and debt securities, including government, corporate, or municipal bonds. Underwriters or their employers purchase these securities to resell them for a profit either to investors or dealers (who sell them to other buyers).
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.
An underwriting agreement is a statutory necessity for Companies who have decided to increase their share capital by the issue of equity share. It is mandatory for the Company to file this agreement with the prospectus of public issue of shares/debentures with the Registrar of Companies.
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.