The purpose of the implementation agreement is to ensure that all stakeholders understand their responsibilities in the process, which minimizes potential conflicts. The underwriting contract is also called a subcontract. In a firm letter of commitment, the insurer guarantees the acquisition of all securities put up for sale by the issuer, whether or not they can sell them to investors. This is the most desirable agreement because it guarantees all the money from the issuer immediately. The stronger the supply, the more likely it is to be on a firm commitment basis. In a firm commitment, the underwriter puts his own money at stake if he cannot sell the securities to investors. A best-effort subcontracting agreement is mainly used for the sale of high-risk securities. Taking over a fixed offer of securities exposes the insurer to a significant risk. As a result, insurers often insist that a market-out clause be included in the underwriting agreement.
This clause exempts the insurer from its obligation to purchase all securities in the event of changes affecting the quality of the securities. However, poor market conditions are not a qualifying condition. An example of when a market exit clause could be used is that the issuer was a biotechnology company and that the FDA had just refused approval of the company`s new drug. The insurance agreement may be considered a contract between a limited company issuing a new issue of securities and the insurance group that agrees to buy and resell the issue profitably. There are different types of subcontracting agreements: the firm commitment agreement, the agreement on the best efforts, the mini-maxi-agreement, the whole or no agreement and the standby agreement. A standby stop agreement is used in combination with an offer of pre-emption rights. All standby stops are made on a fixed commitment basis. The standby underwriter agrees to buy shares that current shareholders do not buy. The standby underwriter will then sell the titles to the public. The insurance agreement contains the details of the transaction, including the insurance group`s commitment to acquire the new issue of securities, the agreed price, the initial resale price and the settlement date. In an agreement to assess the best efforts, insurers do their best to sell all the securities offered by the issuer, but the insurer is not required to purchase the securities on their own behalf.