Form of Underwriting Agreement Dated , 200Underwriting Agreement • August 19th, 2009 • American Capital, LTD • New York
Contract Type FiledAugust 19th, 2009 Company JurisdictionIntroductory. American Capital, Ltd., a Delaware corporation (the “Company”), [and [Underwriter(s)], each of them acting either as a principal or as an agent for one of its affiliates (collectively, the “Forward Sellers”)], at the request of the Company [in connection with the “Forward Agreements” (as defined below) attached hereto as Exhibit A,] confirm their respective agreements with the Representatives (as defined below) and each of the other Underwriters named in Schedule A attached hereto and made a part hereof (collectively, the “Underwriters”) with respect to (a) the sale by the Company [and the Forward Sellers (including the possible issuance and sale by the Company of Common Stock (as defined below) to the Underwriters pursuant to Section 12(a) hereof),] and purchase by the Underwriters, acting severally and not jointly, of their respective portions of shares of Common Stock, [including the Borrowed Shares (as defined below)] (the “Firm Shares”) and all or any part of additio
Form of Underwriting Agreement Dated _________, 200_Underwriting Agreement • April 16th, 2008 • American Capital Strategies LTD • New York
Contract Type FiledApril 16th, 2008 Company JurisdictionCounterparties only deliver such shares of Common Stock to close out open borrowings created in the course of the hedging activities created by the Forward Counterparties, or their affiliates, relating to their exposure under the Forward Agreements in compliance with paragraph (a) under the caption “Covenants of Party A” contained in the Forward Agreements.
Form of Underwriting Agreement Dated _________, 200_Underwriting Agreement • April 26th, 2007 • American Capital Strategies LTD • New York
Contract Type FiledApril 26th, 2007 Company JurisdictionCounterparties only deliver such shares of Common Stock to close out open borrowings created in the course of the hedging activities created by the Forward Counterparties, or their affiliates, relating to their exposure under the Forward Agreements in compliance with paragraph (a) under the caption “Covenants of Party A” contained in the Forward Agreements.