WASHINGTON MUTUAL, INC. 3,000,000 Shares of 7.75% Series R Non-Cumulative Perpetual Convertible Preferred Stock, No Par Value UNDERWRITING AGREEMENTUnderwriting Agreement • December 17th, 2007 • Washington Mutual, Inc • Savings institution, federally chartered • New York
Washington Mutual, Inc., a corporation organized under the laws of the State of Washington (the “Company”), proposes to issue and sell to the underwriters named in Schedule A annexed hereto (the “Underwriters”), for whom you are acting as representatives, 3,000,000 shares of its 7.75% Series R Non-Cumulative Perpetual Convertible Preferred Stock, no par value and liquidation preference $1,000 per share (the “Preferred Stock”) convertible into common shares, no par value, of the Company (such shares of Preferred Stock, the “Securities”). The Securities are described in the Prospectus that is referred to below. The Company’s common shares, no par value, are hereinafter referred to as the “Common Stock.”
