60,000,000 Shares NEW YORK COMMUNITY BANCORP, INC. Common Stock UNDERWRITING AGREEMENT (the “Agreement”)Underwriting Agreement • December 11th, 2009 • New York Community Bancorp Inc • Savings institutions, not federally chartered • New York
Contract Type FiledDecember 11th, 2009 Company Industry JurisdictionNew York Community Bancorp, Inc., a Delaware corporation (the “Company”), agrees with the several Underwriters named in Schedule I hereto (the “Underwriters”), for whom Credit Suisse Securities (USA) LLC (“Credit Suisse”) is acting as representative (in such capacity, the “Representative”), subject to the terms and conditions stated herein, to issue and sell (the “Offering”) to the Underwriters, acting severally and not jointly, an aggregate of 60,000,000 shares of its Common Stock, par value $0.01 per share (the “Common Stock”). The aggregate of 60,000,000 shares of Common Stock to be purchased from the Company are called the “Firm Shares.” In addition, the Company has agreed to issue and sell to the Underwriters, acting severally and not jointly, upon the terms and conditions stated herein, up to an additional 9,000,000 shares of Common Stock (the “Optional Shares”) to cover over-allotments by the Underwriters, if any. The Firm Shares and the Optional Shares are collectively referred