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EXHIBIT 1
JOINT FILING AGREEMENT
AGREEMENT dated as of October 10, 1997 among Xxxxxx Xxxx; Xxxxxx Xxxx as
Trustee of the Xxxxxx Xxxx Revocable Trust under trust agreement dated January
17, 1990; Alphabet Partners, an Illinois general partnership; ZFT Partnership,
an Illinois general partnership; Xxx Xxxxx; LFT Partnership, an Illinois
general partnership, Equity Capsure Limited Partnership, an Illinois limited
partnership, the Xxx and Xxxxxx X. Xxxxx Family Foundation, an Illinois
non-stock not-for-profit corporation and Arlington Leasing Co., a Nevada
corporation (collectively, the "Reporting Persons").
WHEREAS, the Reporting Persons beneficially own shares of Common Stock,
par value $.01 per share, of CNA Surety Corporation, a Delaware corporation.
WHEREAS, the parties hereto may be deemed to constitute a "group" for
purposes of Section 13(d)(3) of the Securities Exchange Act of 1934, as amend
(the "Act"); and
WHEREAS, each of the parties hereto desire by this Agreement to provide
for the joint filing of a Schedule 13D, and all amendments thereto, with the
Securities and Exchange Commission.
NOW, THEREFORE, the parties hereto agree as follows:
1. The parties hereto will join in the preparation and filing of a
single statement containing the information required by Schedule
13D, and all amendments thereto, and the Schedule 13D and all such
amendments will be filed on behalf of each party hereto;
2. Each party hereto will be responsible for the timely filing of
the Schedule 13D, and all amendments thereto, and for the
completeness and accuracy of the information concerning such party
contained therein. No party hereto will be responsible for the
completeness or accuracy of the information concerning any other
party contained in the Schedule 13D or any amendment thereto,
except to the extent such party knows or has reason to believe that
such information is accurate.
3. Xxxxx Xxxxxxxxxx will be designated as the person authorized to
receive notices and communications with respect to the Schedule 13D
and all amendments thereto.
4. This Agreement may be executed in counterparts, all of which
when taken together will constitute one and the same instrument.
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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first above written.
Equity Capsure Limited Partnership, Alphabet Partners, an Illinois general
an Illinois limited partnership partnership
By: Xxxxxx Xxxx Revocable Trust By: SZA Trust, a general partner
U/T/A 1/17/90, general partner
By: /s/ Xxxxxx Xxxx By: /s/Xxxxxx X. Xxxxxxxxx
------------------------- ----------------------------
Xxxxxx Xxxx, Trustee Xxxxxx X. Xxxxxxxxx, Trustee
Xxxxxx Xxxx Revocable Trust Arlington Leasing Co., a Nevada
U/T/A 1/17/90 corporation
By: /s/ Xxxxxx Xxxx By: /s/ Xxxxxx Xxxx
------------------------- -------------------------
Xxxxxx Xxxx, Trustee Xxxxxx Xxxx, President
/s/ Xxxxxx Xxxx /s/ Xxx Xxxxx
------------------------- -------------------------
Xxxxxx Xxxx Xxx Xxxxx
ZFT Partnership, an Illinois general
partnership
By: Xxxxxx Xxxx Trust, a general partner
By: /s/ Xxxxx X. Xxxxxxxxx
-------------------------
Xxxxx X. Xxxxxxxxx, Trustee
Xxx and Xxxxxx X. Xxxxx Family
Foundation
By: /s/ Xxx Xxxxx
-------------------------
Xxx Xxxxx, President
LFT Partnership, an Illinois general
partnership
By: Xxxxx Trust, a general partner
By: /s/ Xxx Xxxxx
------------------------- Dated: October 10, 1997
Xxx Xxxxx, Trustee
