Underwriting Agreement (Combined Primary and Secondary Offering)
Summary
This template underwriting agreement may be used in an underwritten offering that includes a secondary offering and a primary offering. The parties to this agreement include the issuer, the selling stockholders and the underwriters. This template includes practical guidance, drafting notes, and optional clauses. This template underwriting agreement is governed by New York law, and counsel should revise applicable provisions when the law of another jurisdiction applies. Many of the terms set forth below are common to any registered offering, whether primary or secondary. Appropriate modifications should be made to this template agreement to reflect the particular circumstances of the offering, including the appropriate securities exchange on which the securities will be listed. This template underwriting agreement provides for listing on The Nasdaq Stock Market. For a comprehensive listing of practice notes, templates, and checklists relating to follow-on offerings, see Follow-On ...