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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.
While firm commitment and best efforts agreements are the most common types of underwriting deals, there are other alternatives as well.
There are several different kinds of underwriting agreements: the firm commitment agreement, the best efforts agreement, the mini-maxi agreement, the all or none agreement, and the standby agreement.
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.
In investment banking, an underwriting contract is a contract between an underwriter and an issuer of securities. The following types of underwriting contracts are the most common: In the firm commitment contract, the underwriter guarantees the sale of the issued stock at the agreed-upon price.
Underwriting is the process through which an individual or institution takes on financial risk for a fee. This risk most typically involves loans, insurance, or investments.
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.