Confirmation of Forward Stock Sale TransactionLetter Agreement • August 11th, 2006 • Aqua America Inc • Water supply
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Transaction entered into between UBS AG, London Branch (“Party A” or “UBS”) and Aqua America, Inc. (“Party B”) on the Trade Date specified below (the “Transaction”). This confirmation constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below.
3,500,000 Shares AQUA AMERICA, INC. Common Stock ($.50 Par Value) UNDERWRITING AGREEMENTUnderwriting Agreement • August 11th, 2006 • Aqua America Inc • Water supply • New York
Aqua America, Inc., a Pennsylvania corporation (the “Company”), proposes to sell to the underwriters (the “Underwriters”) named in Schedule I-A hereto, for whom UBS Securities LLC is acting as Representative (the “Representative”), acting severally and not jointly, an aggregate of 500,000 shares of the Company’s common stock, $.50 par value (the “Primary Firm Securities”). The respective amounts of Primary Firm Securities to be so purchased by the several Underwriters, acting severally and not jointly, are set forth opposite their names in Schedule I-A hereto under the heading “Number of Primary Firm Securities to Be Purchased.” In addition, the Company and UBS Securities LLC, in its capacity as agent for the Forward Counterparty (as defined below) (the “Forward Seller”), at the request of the Company in connection with the Forward Agreement (as defined below) attached hereto as Exhibit A, confirm their respective agreements with the Representative and each of the other Underwriters wi
