[LAW-LIB:57316] RESPONSES: Underwriting Agreement

From: Bonnie W. Jordan (bjordan@lindquist.com)
Date: Wed Nov 19 2008 - 13:48:11 PST

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    Thank you all so much for your responses.
     
    An Underwriting Agreement is usually filed as an Exhibit 1 to an 8-K.
    However, it is not a required filing, so sometimes you can find one and
    sometimes not.
     
    When I searched just the exhibits of this company's Edgar filings for
    "Underwriter Agreement" I found some older ones, but not the particular
    2008 transaction I was looking for. That means it probably wasn't
    filed.
     
    Another helpful suggestion was to direct my question to the BUS-LIB
    listserv.
     
    Again, many thanks for all your assistance.
     
    -Bonnie

    ________________________________

    From: owner-law-lib@ucdavis.edu [mailto:owner-law-lib@ucdavis.edu] On
    Behalf Of Bonnie W. Jordan
    Sent: Wednesday, November 19, 2008 12:23 PM
    To: law-lib@ucdavis.edu
    Subject: [LAW-LIB:57314] Underwriting Agreement

    I'm investigating an offering of preferred stock by Public Company X
    this year. There were five underwriters on the offering: Merrill, Citi,
    Morgan Stanley, UBS and Wachovia.
     
    Is it possible to find the Underwriter Agreement by and between these
    parties? (Either online or through a document retrieval service.)
     
    My attorney is "guessing" it's a public record, but I have my doubts.
     
    I have already searched Edgar filings. I found the 8-K that announced
    the stock offering but not the Underwriter Agreement. (Would it be a
    paper filing that is not available online?)
     
    Any ideas? Or can anyone confirm that this information is NOT publicly
    available?
     
    Many thanks,
     
    Bonnie
     
     
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