6,000,000 Shares HEADWATERS INCORPORATED COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • February 24th, 2005 • Headwaters Inc • Miscellaneous products of petroleum & coal • New York
Contract Type FiledFebruary 24th, 2005 Company Industry JurisdictionHeadwaters Incorporated, a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) 6,000,000 shares of its common stock, par value $0.001 per share (the “Firm Shares”). Morgan Stanley & Co. Incorporated shall act as representative (the “Representative”) of the several Underwriters.