Action by Underwriters. Any action under this Agreement taken by the Underwriters jointly or by Wachovia Capital Markets, LLC will be binding upon all the Underwriters. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us four counterparts hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Trust, the Guarantor and the several Underwriters. Very truly yours, WACHOVIA CAPITAL TRUST IV By: WACHOVIA CORPORATION, as Depositor By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Executive Vice President By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Executive Vice President Accepted as of the date hereof: WACHOVIA CAPITAL MARKETS, LLC By: WACHOVIA CAPITAL MARKETS, LLC By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Managing Director Wachovia Capital Markets, LLC 4,240,000 636,000 Banc of America Securities LLC 3,936,000 590,400 Citigroup Global Markets Inc. 3,936,000 590,400 Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated 3,936,000 590,400 Xxxxxx Xxxxxxx & Co. Incorporated 3,936,000 590,400 UBS Securities LLC 3,936,000 590,400 ABN AMRO Incorporated 240,000 240,000 Barclays Capital Inc. 240,000 36,000 BB&T Capital Markets, a division of Xxxxx & Xxxxxxxxxxxx, Inc. 240,000 36,000 Countrywide Securities Corporation 240,000 36,000 Deutsche Bank Securities Inc. 240,000 36,000 Fifth Third Securities, Inc. 240,000 36,000 Greenwich Capital Markets, Inc. 240,000 36,000 ING Financial Markets LLC 240,000 36,000 X.X. Xxxxxx Securities Inc. 240,000 36,000 KeyBanc Capital Markets, a division of McDonald Investments Inc. 240,000 36,000 Xxxxxx Brothers Inc. 240,000 36,000 NatCity Investments, Inc. 240,000 36,000 Popular Securities, Inc. 240,000 36,000 RBC Xxxx Xxxxxxxx Inc. 240,000 36,000 Xxxxx Fargo Securities, LLC 240,000 36,000 Bear, Xxxxxxx & Co. Inc. 160,000 24,000 BNP Paribas Securities Corp. 160,000 24,000 Xxxxxxx Xxxxxx & Co., Inc. 160,000 24,000 Credit Suisse Securities (USA) LLC 160,000 24,000 Fidelity Capital Markets Services, a division of National Financial Services LLC 160,000 24,000 FTN Financial Securities Corp. 160,000 24,000 Xxxxxxx, Sachs & Co. 160,000 24,000 H&R Block Financial Advisors, Inc. 160,000 24,000 HSBC Securities (USA) Inc. 160,000 24,000 X.X. Xxxxxxx & Co. 160,000 24,000 Xxxxxx Xxxxxxxxxx Xxxxx LLC 160,000 24,000 Xxxxxxxxx & Company, Inc. 160,000 24,000 Xxxxxx Xxxxxx & Company, Inc. 160,000 24,000 Xxxxxxxxxxx & Co. Inc. 160,000 24,000 Pershing LLC 160,000 24,000 Xxxxx Xxxx...
Action by Underwriters. All steps which must or may be taken by the Underwriters in connection with this Underwriting Agreement, with the exception of the matters relating to termination contemplated by Section 14 or as otherwise specified herein, may be taken by the Lead Underwriter, on behalf of the Underwriters, and the execution of this Underwriting Agreement by the Company shall constitute the Company’s authority for accepting notification of any such steps from, and for delivering the definitive documents constituting the Unit Shares, the Warrants and the Compensation Options to, or to the order of, the Lead Underwriter.
Action by Underwriters. Any action under this Agreement taken by the Underwriters jointly or by the firm signing below on behalf of you as the Representatives will be binding upon all the Underwriters. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this letter and your acceptance shall represent a binding agreement between First Union and the Underwriters. Very truly yours, FIRST UNION CORPORATION _______________________________________ NAME: TITLE: The foregoing Agreement is hereby confirmed and accepted as of the date first above written. By: [Representatives] On behalf of the Underwriters set forth in Schedule II By: ___________________________________ NAME: TITLE: SCHEDULE I TITLE OF DESIGNATED SECURITIES: [Common Stock, par value $3.33 1/3 per share] [[Class A] Preferred Stock [, Series ], no-par value] [Depositary Shares, each representing a [Fraction] Interest in a Share of [Class A]Preferred Stock [, Series ], no-par value] AMOUNT OF SECURITIES: PRICE TO PUBLIC: $ per Security [, plus accrued dividends, if any, from , ] PURCHASE PRICE BY UNDERWRITERS: $ per Security [, plus accrued dividends, if any, from , ] SPECIFIED FUNDS FOR PAYMENT OF PURCHASE PRICE: Immediately available funds by wire DEPOSIT AGREEMENT: [Deposit Agreement, dated as of ____________, , between First Union and , as Depositary] MATURITY: [ , ] DIVIDEND RATE: [ % per annum] [describe floating rate provisions] DIVIDEND PAYMENT DATES: [ , , and of each year, commencing , ] REGULAR RECORD DATES: [ , , and of each year, commencing , ] REPAYMENT PROVISIONS: [Describe repayment provisions, if any] REDEMPTION PROVISIONS: [Describe redemption provisions, if any] SINKING FUND PROVISIONS: [Describe sinking fund provisions, if any] CONVERSION PROVISIONS: [Describe conversion provisions, if any] EXCHANGE PROVISIONS: [Describe exchange provisions, if any] OTHER TERMS: [Describe additional terms, if any] ADDITIONAL COMFORT LETTER COVERAGE: [Describe additional coverage, if any] FORM OF DESIGNATED SECURITY: [[Global] [Certificated] [in denominations set forth in the Prospectus Supplement]] CLOSING DATE: , at [time] RESTRICTED PERIOD UNDER SECTION 5(G) OF UNDERWRITING AGREEMENT: [Describe period if other than through Closing Date] OFFICE FOR DELIVERY OF DESIGNATED SECURITIES: [insert address] OFFICE FOR PAYMENT FOR DESIGNATED SECURITIES: [insert address] NAME OF REPRESENTATIVES: [insert names] ADDRESS FOR NOTICES, ETC.: [i...
Action by Underwriters. All steps which must or may be taken by the Underwriters in connection with this Agreement resulting from the Corporation’s acceptance of this offer, with the exception of the matters contemplated by Sections 13, 14 and 15 may be taken by the Lead Underwriter on behalf of itself and the other Underwriters and the acceptance of this offer by the Corporation shall constitute the Corporation’s authority for accepting notification of any such steps from, and for delivering the definitive documents in respect of the Offering to, or to the order of, the Lead Underwriter.
Action by Underwriters. Any action under this Agreement taken by the Underwriters jointly or by Wachovia Capital Markets, LLC will be binding upon all the Underwriters. [THE NEXT PAGE IS THE SIGNATURE PAGE] If the foregoing is in accordance with your understanding of our agreement, please sign and return to us four counterparts hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Trust, the Guarantor and the several Underwriters. Very truly yours, WACHOVIA CAPITAL TRUST X By: WACHOVIA CORPORATION, as Depositor By: /s/ Xxx Xxxxxx Name: Xxx Xxxxxx Title: Senior Vice President WACHOVIA CORPORATION By: /s/ Xxx Xxxxxx Name: Xxx Xxxxxx Title: Senior Vice President Accepted as of the date hereof: WACHOVIA CAPITAL MARKETS, LLC By: WACHOVIA CAPITAL MARKETS, LLC By: /s/ Xxx Xxxxxxxxxx Name: Xxx Xxxxxxxxxx Title: Managing Director Wachovia Capital Markets, LLC 4,350,000 652,500 Citigroup Global Markets Inc. 4,350,000 652,500 Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated 4,350,000 652,500 Xxxxxx Xxxxxxx & Co. Incorporated 4,350,000 652,500 UBS Securities LLC 4,350,000 652,500 Banc of America Securities LLC 225,000 33,750 Barclays Capital Inc. 225,000 33,750 Deutsche Bank Securities Inc. 225,000 33,750 Fifth Third Securities, Inc. 225,000 33,750 Greenwich Capital Markets, Inc. 225,000 33,750 ING Financial Markets LLC 225,000 33,750 KeyBanc Capital Markets, a division of McDonald Investments Inc. 225,000 33,750 Xxxxxx Brothers Inc. 225,000 33,750 NatCity Investments, Inc. 225,000 33,750 Popular Securities, Inc. 225,000 33,750 RBC Xxxx Xxxxxxxx Inc. 225,000 33,750 Xxxxx Fargo Securities, LLC 225,000 33,750 BB&T Capital Markets, a division of Xxxxx & Xxxxxxxxxxxx, Inc. 150,000 22,500 BNP Paribas Securities Corp. 150,000 22,500 Bear, Xxxxxxx & Co. Inc. 150,000 22,500 Xxxxxxx Xxxxxx & Co., Inc. 150,000 22,500 Countrywide Securities Corporation 150,000 22,500 Credit Suisse Securities (USA) LLC 150,000 22,500 Xxxxxx, Xxxxx Xxxxx, Incorporated 150,000 22,500 Fidelity Capital Markets Services, a division of National Financial Services LLC 150,000 22,500 Xxxxxxx, Sachs & Co. 150,000 22,500 H&R Block Financial Advisors, Inc. 150,000 22,500 HSBC Securities (USA) Inc. 150,000 22,500 X.X. Xxxxxxx & Co. 150,000 22,500 J.J.B. Xxxxxxxx, X.X. Xxxxx, Inc. 150,000 22,500 X.X. Xxxxxx Securities Inc. 150,000 22,500 Xxxxxx Xxxxxxxxxx Xxxxx LLC 150,000 22,500 Xxxxxxxxx & Company, Inc. 150,000 22,500 Xxxxxx Xxxxxx & Company, Inc. 150,000 22,500 Xxxxxxxxxxx & Co. Inc. 15...
Action by Underwriters. All steps which must or may be taken by the Underwriters in connection with the closing of the Offering, with the exception of the matters relating to (i) termination of purchase obligations, (ii) waiver and extension, and (iii) indemnification, contribution and settlement, may be taken by the Lead Underwriter, on its own behalf and the other Underwriters, and the execution of this Agreement by the other Underwriters and by the Company shall constitute the Company’s authority and obligation for accepting notification of any such steps from, and for delivering the Units in certificated or electronic form to or to the order of, the Lead Underwriter. The Lead Underwriter shall fully consult with the other Underwriters with respect to all material notices, waivers, extensions or other communications to or with the Company. The rights and obligations of the Underwriters under this Agreement shall be several and neither joint nor joint and several.
Action by Underwriters. Any action under this Agreement taken by the Underwriters jointly or by the firm signing below on behalf of you as the Representatives will be binding upon all the Underwriters. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us the enclosed duplicate hereof, whereupon this letter and your acceptance shall represent a binding agreement between Fifth Third and the Underwriters. Very truly yours, FIFTH THIRD BANCORP /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Executive Vice President The foregoing Agreement is hereby confirmed and accepted as of the date first above written. On behalf of the Underwriters set forth in Schedule III BANC OF AMERICA SECURITIES LLC By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Principal CITIGROUP GLOBAL MARKETS INC. By: /s/ Xxxx XxXxxxxxx Name: Xxxx X. XxXxxxxxx, Xx. Title: Managing Director XXXXXXX, XXXXX & CO. By: /s/ Xxxxxxx, Xxxxx & Co. (Xxxxxxx, Xxxxx & Co.) TITLE OF FLOATING RATE SECURITIES: Floating Rate Subordinated Notes due 2016 AGGREGATE PRINCIPAL AMOUNT: $250,000,000 DENOMINATIONS: $5,000 and integral multiples of $1,000 in excess thereof PRICE TO PUBLIC: 100% of the principal amount of the Floating Rate Subordinated Notes (the “Floating Rate Securities”), plus accrued interest, if any, from December 20, 2006 PURCHASE PRICE BY UNDERWRITERS: 99.55% of the principal amount of the Floating Rate Securities, plus accrued interest, if any, from December 20, 2006 SPECIFIED FUNDS FOR PAYMENT OF PURCHASE PRICE: Immediately available funds by wire INDENTURE: Indenture dated as of May 23, 2003 and First Supplemental Indenture to be dated as of December 20, 2006, between Fifth Third and Wilmington Trust Company, as Trustee MATURITY: December 20, 2016 INTEREST RATE BASIS: LIBOR INDEX MATURITY: Three-months SPREAD: 0.42% per annum INITIAL BASE RATE: Three month LIBOR rate on December 18, 2006 DATE INTEREST STARTS ACCRUING: December 20, 2006 INTEREST PAYMENT DATES: March 20, June 20, September 20 and December 20 of each year, commencing March 20, 2007 INTEREST RESET DATES: March 20, June 20, September 20 and December 20 of each year, commencing March 20, 2007 INTEREST DETERMINATION DATES:
Action by Underwriters. All steps which must or may be taken by the Underwriters in connection with this Underwriting Agreement, with the exception of the matters contemplated by Section 14, 15, 16 and 18(2) may be taken by Wellington West on behalf of themselves and the other Underwriters, and the execution of this Underwriting Agreement by Augusta shall constitute Augusta's authority for accepting notification of any such steps from, and for delivering the definitive documents constituting the Shares to, or to the order of, Wellington West.
Action by Underwriters. All steps which must or may be taken by the Underwriters in connection with this Agreement with the exception of the matters relating to termination, indemnification or waiver contemplated by this Agreement, may be taken by RBC on behalf of itself and the other Underwriters and the Corporation’s execution of this Agreement shall constitute the Corporation’s authority for accepting notification of any such steps from, and for delivering the definitive documents constituting the Common Shares and Warrants comprising the Units and any Additional Securities to, or to the order of, RBC. The obligations of the Underwriters shall be several and not joint and several.
Action by Underwriters. All steps which must or may be taken by the Underwriters in connection with the closing of the Offering, with the exception of the matters relating to (i) termination of purchase obligations,
