Form of Underwriting Agreement Dated _________, 200_Underwriting Agreement • April 16th, 2008 • American Capital Strategies LTD • New York
Counterparties only deliver such shares of Common Stock to close out open borrowings created in the course of the hedging activities created by the Forward Counterparties, or their affiliates, relating to their exposure under the Forward Agreements in compliance with paragraph (a) under the caption “Covenants of Party A” contained in the Forward Agreements.
Form of Underwriting AgreementUnderwriting Agreement • April 16th, 2008 • American Capital Strategies LTD • New York
The Securities will be issued pursuant to an Indenture dated as of April 26, 2007, by and between the Company, as issuer, and Wells Fargo Bank, National Association, as trustee (the “Trustee”), as supplemented by a Supplemental Indenture thereto to be dated as of • (collectively, the “Indenture”).
