Firm commitment underwriting

Firm commitment underwriting

An underwriting in which an investment banking firm commits to buy and sell an entire issue of stock and assumes all financial responsibility for any unsold shares. Also known as bought deal.

Standby Agreement

An agreement between the issuer of a security and its underwriters stating that the underwriters are responsible for any unsold portion of the issue. That is, the underwriters agree to buy the remainder of a new issue if they are unable to place its entirety with investors. This transfers the risk of the unsold portion of the issue from the issuer to the underwriters. This guarantees that the issuer will raise the capital it intends to raise, but leaves the underwriters with the possibility that they must purchase an issue with low value. As a result, underwriters charge a standby fee for a standby agreement. It is also called firm commitment underwriting or a backstopped deal.
References in periodicals archive ?
IRC regulations section 1.743-1(a) says the public has transferred property directly to the corporation in exchange for stock if the transaction constitutes a "qualified underwriting transaction." This occurs when the underwriter acts as an agent of the corporation (a best efforts underwriting) or when the corporation's ownership of stock is transitory (a firm commitment underwriting).