Abengoa, S.A. Class B Shares in the form of Shares or American Depositary Shares Underwriting AgreementUnderwriting Agreement • October 16th, 2013 • Abengoa Sa • Services-engineering services • New York
Contract Type FiledOctober 16th, 2013 Company Industry JurisdictionAbengoa, S.A., a corporation organized under the laws of the Kingdom of Spain (“Spain”) (the “Company”), proposes to issue and sell to the several Underwriters, for whom you (the “Representatives”) are acting as representatives, [·] Class B shares, €0.01 par value each (such class of shares, the “Class B Shares”), of the Company (said shares to be issued and sold by the Company being hereinafter called the “Underwritten Shares”). The Company also proposes to sell up to [·] additional Class B Shares to the Underwriters to cover over-allotments, if any (the “Option Shares” and together with the Underwritten Shares, the “Offered Shares”), in accordance with Section 2 hereof.
Abengoa, S.A. Class B Shares in the form of Shares or American Depositary Shares Underwriting AgreementUnderwriting Agreement • September 5th, 2013 • Abengoa Sa • Services-engineering services • New York
Contract Type FiledSeptember 5th, 2013 Company Industry JurisdictionThe Representatives have also advised the Company that the Underwriters may elect to cause the Company to deposit on their behalf all or any portion of the Offered Shares to be purchased by them hereunder pursuant to the Deposit Agreement, dated as of [·], 2013 (the “Deposit Agreement”), to be entered into among the Company, Citibank, N.A., as depositary (the “Depositary”) and all holders from time to time of the ADSs (as hereinafter defined). Upon deposit of any Class B Shares, the Depositary will issue American Depositary Shares (the “ADSs”) representing the Class B Shares so deposited. The ADSs will be evidenced by American Depositary Receipts (the “ADRs”). Each ADS will represent [·] Class B Shares and each ADR may represent any number of ADSs. Unless the context otherwise requires, the terms “Underwritten Shares,” “Option Shares” and “Offered Shares,” shall be deemed to refer, respectively, to Underwritten Shares, Option Shares and Offered Shares as well as, in each case, to any A
Abengoa, S.A. [·]% Mandatorily Convertible Subordinated Notes due 2016 Mandatorily Convertible into Class B Shares or American Depositary Shares Underwriting AgreementUnderwriting Agreement • September 5th, 2013 • Abengoa Sa • Services-engineering services • New York
Contract Type FiledSeptember 5th, 2013 Company Industry JurisdictionAbengoa, S.A., a corporation organized under the laws of the Kingdom of Spain (“Spain”) (the “Company”), proposes to issue and sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, the principal amount of its securities identified in Schedule I hereto (the “Offered Notes”). The Offered Notes are convertible into Class B Shares of the Company, €0.01 par value each (such class of shares, the “Class B Shares”) or ADSs (as such term is defined herein), at the option of the holders. The Offered Notes are to be issued under an indenture (the “Indenture”) dated as of [•], 2013, among the Company, [•], as trustee (the “Trustee”) and [•], as securities administrator.
Abengoa, S.A. Class B Shares in the form of Shares or American Depositary Shares Underwriting AgreementUnderwriting Agreement • May 23rd, 2013 • Abengoa Sa • Services-engineering services • New York
Contract Type FiledMay 23rd, 2013 Company Industry JurisdictionThe Representatives have also advised the Company that the Underwriters may elect to cause the Company to deposit on their behalf all or any portion of the Offered Shares to be purchased by them hereunder pursuant to the Deposit Agreement, dated as of [·], 2013 (the “Deposit Agreement”), to be entered into among the Company, Citibank, N.A., as depositary (the “Depositary”) and all holders from time to time of the ADSs (as hereinafter defined). Upon deposit of any Class B Shares, the Depositary will issue American Depositary Shares (the “ADSs”) representing the Class B Shares so deposited. The ADSs will be evidenced by American Depositary Receipts (the “ADRs”). Each ADS will represent [·] Class B Shares and each ADR may represent any number of ADSs. Unless the context otherwise requires, the terms “Underwritten Shares,” “Option Shares” and “Offered Shares,” shall be deemed to refer, respectively, to Underwritten Shares, Option Shares and Offered Shares as well as, in each case, to any A
Abengoa, S.A. [·]% Mandatorily Convertible Subordinated Notes due 2016 Mandatorily Convertible into Class B Shares or American Depositary Shares Underwriting AgreementUnderwriting Agreement • May 23rd, 2013 • Abengoa Sa • Services-engineering services • New York
Contract Type FiledMay 23rd, 2013 Company Industry JurisdictionAbengoa, S.A., a corporation organized under the laws of the Kingdom of Spain (“Spain”) (the “Company”), proposes to issue and sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, the principal amount of its securities identified in Schedule I hereto (the “Offered Notes”). The Offered Notes are convertible into Class B Shares of the Company, €0.01 par value each (such class of shares, the “Class B Shares”) or ADSs (as such term is defined herein), at the option of the holders. The Offered Notes are to be issued under an indenture (the “Indenture”) dated as of [•], 2013, among the Company, [•], as trustee (the “Trustee”) and [•], as securities administrator.
Abengoa, S.A. [·]% Mandatorily Convertible Subordinated Notes due 2016 Mandatorily Convertible into Class B Shares or American Depositary Shares Underwriting AgreementUnderwriting Agreement • May 20th, 2013 • Abengoa Sa • Services-engineering services • New York
Contract Type FiledMay 20th, 2013 Company Industry JurisdictionAbengoa, S.A., a corporation organized under the laws of the Kingdom of Spain (“Spain”) (the “Company”), proposes to issue and sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, the principal amount of its securities identified in Schedule I hereto (the “Firm Notes”). The Company also proposes to grant to the Underwriters an option to purchase up to an additional principal amount of securities set forth in Schedule I hereto to cover over-allotments, if any (the “Option Notes”; the Option Notes, together with the Firm Notes, hereinafter called the “Offered Notes”). The Offered Notes are convertible into Class B Shares of the Company, €0.01 par value each (such class of shares, the “Class B Shares”) or ADSs (as such term is defined herein), at the option of the holders. The Offered Notes are to be issued under an indenture (the “Indenture”) dated as of [·], 2013, among the Company, [·], as
Abengoa, S.A. Class B Shares in the form of Shares or American Depositary Shares Underwriting AgreementUnderwriting Agreement • May 20th, 2013 • Abengoa Sa • Services-engineering services • New York
Contract Type FiledMay 20th, 2013 Company Industry JurisdictionThe Representatives have also advised the Company that the Underwriters may elect to cause the Company to deposit on their behalf all or any portion of the Offered Shares to be purchased by them hereunder pursuant to the Deposit Agreement, dated as of [·], 2013 (the “Deposit Agreement”), to be entered into among the Company, Citibank, N.A., as depositary (the “Depositary”) and all holders from time to time of the ADSs (as hereinafter defined). Upon deposit of any Class B Shares, the Depositary will issue American Depositary Shares (the “ADSs”) representing the Class B Shares so deposited. The ADSs will be evidenced by American Depositary Receipts (the “ADRs”). Each ADS will represent [·] Class B Shares and each ADR may represent any number of ADSs. Unless the context otherwise requires, the terms “Underwritten Shares,” “Option Shares” and “Offered Shares,” shall be deemed to refer, respectively, to Underwritten Shares, Option Shares and Offered Shares as well as, in each case, to any A