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UNDERWRITING AGREEMENT FOR SHARES
THIS AGREEMENT made on the____________day of BETWEEN X (hereinafter called the underwriters) of the one part and Y Co. Ltd. having its registered office at____________(hereinafter called the company) of the other part.
WHEREAS the company is about to offer for public subscription as issue of______________shares of____________each in accordance with the terms of the draft prospectus a copy of which is annexed hereto, or with such modifications therein as may be mutually agreed upon between the company and the underwriters:
AND WHEREAS the underwriters have agreed to underwrite the shares on the terms and conditions hereinafter appearing.
NOW THEREFORE IT IS HEREBY AGREED AS FOLLOWS:
1. If the said ________ Shares shall on or before the ______ day of ____ 200______ for such later date as shall be mutually agreed upon by the parties hereto not after the ______ day of ______ 200______) be offered by the company for subscription by the public at par on the terms of such prospectus as aforesaid, the underwriters shall on or before the closing of the subscription list apply at par for the said _______ shares.
The said prospectus shall be issued in the form already approved by the underwriters or with such modification, if any, as shall be mutually agreed between the company and the underwriters.
2. If on the closing of the lists under the said prospectus the said ______ Shares shall be allotted in respect of applications from the public the responsibility of the underwriters is to cease and no allotment is to be made under this agreement but if the said ______ shares shall not be allotted to the public but any smaller number of such shares is so allotted, the undertaking of the underwriters is to cease and no allotment is to be made under this agreement but if the said______________shares shall not be allotted to the public but any smaller number of such shares is so allotted, the undertaking of the underwriters is to stand for difference between the said_____________shares and the number of the shares allotted to the public.
3. The company shall pay to the underwriters in cash within________ days from the allotment of the said shares a commission at the rate of ___________p.c. on the nominal value of the shares.
4. This agreement is to be irrevocable on the part of the underwriters and is to be sufficient in itself to authorise the company in the event of the underwriters not applying for the said ___________shares to cause application to be made for such shares or any part thereof in the name and on behalf of the underwriters in accordance with the terms of the said prospectus and authorise the directors of company to allot the said________shares of the company or any part thereof to the underwriters (but subject to the provisions of this agreement) and in the event of harmless and indemnified in respect of such application.
IN WITNESS WHEREOF,
Signed by the Underwriter
Name & Signature
Signed by the authorised signatory of Company
Name & Signature
Name & Signature of two witnesses

Ultimate Legal Bundle in English + Hindi + Gujarati + Marathi
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