0001104659-04-025208 Sample Contracts

40,000,000 SHARES AQUILA, INC. COMMON STOCK UNDERWRITING AGREEMENT
Underwriting Agreement • August 20th, 2004 • Aquila Inc • Electric services • New York

AQUILA, 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”.

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