40,000,000 SHARES AQUILA, INC. COMMON STOCK UNDERWRITING AGREEMENTUnderwriting Agreement • August 20th, 2004 • Aquila Inc • Electric services • New York
Contract Type FiledAugust 20th, 2004 Company Industry JurisdictionAQUILA, INC., a Delaware corporation (the “COMPANY”), proposes to issue and sell an aggregate of 40,000,000 shares (the “INITIAL SECURITIES”) of its common stock, par value $1 per share (the “COMMON STOCK”), to the several Underwriters named in SCHEDULE I hereto (the “UNDERWRITERS”). The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 2 hereof, up to an additional 6,000,000 shares (the “OPTION SECURITIES”) of Common Stock. The Initial Securities together with the Option Securities shall be referred to as the “SECURITIES”.
representing $300,000,000 aggregate principal amount of Mandatorily Convertible Senior Notes UNDERWRITING AGREEMENTUnderwriting Agreement • August 20th, 2004 • Aquila Inc • Electric services • New York
Contract Type FiledAugust 20th, 2004 Company Industry JurisdictionAQUILA, INC., a Delaware corporation (the “COMPANY”), proposes to issue and sell 12,000,000 Premium Income Equity SecuritiesSM (“PIESSM”) representing $300,000,000 aggregate principal amount of its Mandatorily Convertible Senior Notes (the “INITIAL SECURITIES”) to the several Underwriters named in SCHEDULE I hereto (the “UNDERWRITERS”). The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 2 hereof up to an additional 1,800,000 PIES representing $45,000,000 aggregate principal amount of its Mandatorily Convertible Senior Notes (the “OPTION SECURITIES”). The Initial Securities and the Option Securities shall be referred to as the “SECURITIES”. The Securities will be issued pursuant to the terms of an indenture dated as of August 24, 2001, as supplemented (the “INDENTURE”), between the Company and J.P. Morgan Trust Company, N.A., as successor to BANKONE TRUST COMPANY, N.A., as trustee (the “TRUSTEE”).