Non-Cumulative, Liquidation Preference $25.00 per Depositary Share) Underwriting AgreementUnderwriting Agreement • March 15th, 2007 • M I Homes Inc • Operative builders • New York
M/I Homes, Inc., a corporation organized under the laws of Ohio (the “Company”), proposes to sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for whom you (the “Representative”) are acting as representative, 4,000,000 depositary shares (the “Depositary Shares”), each representing 1/1,000th of a 9.75% Series A Preferred Share (the “Series A Preferred Shares”), having a liquidation preference equivalent to $25.00 per Depositary Share (said Depositary Shares to be issued and sold by the Company being hereinafter called the “Underwritten Securities”) to be issued under a deposit agreement (the “Deposit Agreement”), between the Company and Computershare Trust Company, N.A., as Depositary (the “Depositary”). The Company also proposes to grant to the Underwriters an option to purchase up to 600,000 Depositary Shares as set forth in Schedule I hereto to cover over-allotments, if any (the “Option Securities”; the Option Securities, together with the Underwritte
M/I HOMES, INC., COMPUTERSHARE SHAREHOLDER SERVICES, INC. AND COMPUTERSHARE TRUST COMPANY, N.A., AS DEPOSITARY, AND THE HOLDERS FROM TIME TO TIME OF THE DEPOSITARY RECEIPTS DESCRIBED HEREIN RELATING TO 9.75% SERIES A PREFERRED SHARES DEPOSIT AGREEMENTDeposit Agreement • March 15th, 2007 • M I Homes Inc • Operative builders • New York
DEPOSIT AGREEMENT, dated as of March , 2007, among M/I HOMES, INC., an Ohio corporation (the “Company”), COMPUTERSHARE SHAREHOLDER SERVICES, INC., a Delaware corporation and its wholly-owned subsidiary, COMPUTERSHARE TRUST COMPANY, N.A. (individually “CSS” and the “Trust Company,” respectively, or collectively the “Depositary”), and the holders from time to time of the Receipts described herein.
