Wednesday, February 01, 2012

Types of underwriting agreements.

Depending on the type of commitment required by the issuing company, several kinds of underwriting agreements are formed, each with its own level of risk:
  • Firm Commitment: Firm commitment is the most commonly used type of underwriting contract. The underwriter agrees to buy securities from the issuing corporation and pay the proceeds to the company. Any losses that occur due to unsold shares are prorated amongst the participating underwriting firms according to their proportional participation.
  • Best Efforts: Best effortsunderwriting allows the firm (or underwriting syndicate) to act as agent for the issuing corporation and limits the responsibility of that firm to the shares it is able to sell. All unsold shares are absorbed by the issuer.
  • All or None: All or none underwriting allows the issuing corporation to contract for the sale of all shares. If any shares remain at the end of the underwriting process, the underwriting is cancelled. Underwriters cannot deceive investors by stating that all of the securities in the underwriting have been sold if it is not true.
  • Standby: Standbyunderwriting allows an underwriting firm (or syndicate) to wait in the wings in an additional offering for any unused pre-emptive rights that are not executed by the company's current shareholders. The underwriter will purchase the unused rights, exercise them and sell the shares.
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