Understanding the Western Underwriting Agreement: A Legal Overview

Definition & Meaning

A Western Underwriting Agreement is a type of contract used in firm commitment underwriting, where members of a syndicate agree to take on liability separately rather than jointly. This means that if one member cannot sell their entire allotment of securities, they alone are responsible for purchasing any unsold securities. These agreements are commonly utilized in corporate underwriting transactions.

Table of content

Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) A corporation decides to issue one million shares of stock to raise funds for expansion. They engage a group of underwriters who enter into a Western Underwriting Agreement. If one underwriter is unable to sell its allotted 200,000 shares, it must purchase those shares itself, while the remaining underwriters are not affected.

What to do if this term applies to you

If you are involved in a securities offering and need to understand your responsibilities under a Western Underwriting Agreement, consider reviewing the agreement carefully. It may be beneficial to consult with a legal professional to ensure compliance and understanding of your obligations. Additionally, you can explore US Legal Forms for templates that can assist you in drafting or reviewing such agreements.

Quick facts

Attribute Details
Type of Agreement Western Underwriting Agreement
Liability Severable among syndicate members
Common Use Corporate underwriting
Responsibility for Unsold Securities Only the member who cannot sell

Key takeaways

Frequently asked questions

Its main purpose is to outline the responsibilities and liabilities of syndicate members in a securities offering.