WALTER INDUSTRIES, INC. 2,300,000 SHARES OF COMMON STOCK Underwriting Agreement dated February 16, 2006Underwriting Agreement • February 17th, 2006 • Walter Industries Inc /New/ • General bldg contractors - residential bldgs • New York
Walter Industries, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to, severally and not jointly, Banc of America Securities LLC and Morgan Stanley & Co. Incorporated (the “Underwriters”), an aggregate of 2,300,000 shares (the “Firm Common Shares”) of its common stock, par value $.01 per share (the “Common Stock”). In addition, the Company has granted to the Underwriters an option to purchase up to an additional 345,000 shares (the “Optional Common Shares”) of Common Stock, as provided in Section 2. The Firm Common Shares and, if and to the extent such option is exercised, the Optional Common Shares are collectively referred to as the “Common Shares.”
