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Title: |
Underwriting Agreement |
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Date: |
2005 |
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Preview shows 7KB of 68KB total |
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$45 |
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ID: |
#2457990 |
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[ ] Shares
MORGAN STANLEY INDIA INVESTMENT FUND, INC.
COMMON STOCK
PAR VALUE $.01 PER SHARE
UNDERWRITING AGREEMENT
February , 1994
February , 1994
Morgan Stanley & Co. Incorporated
1251 Avenue of the Americas
New York, New York 10020
Dear Sirs:
MORGAN STANLEY INDIA INVESTMENT FUND, INC., a Maryland corporation (the Fund), is a newly incorporated, non-diversified, closed-end management investment company registered under the Investment Company Act of 1940, as amended. The Fund proposes to issue and sell to you (the Underwriter) [ ] shares (the Firm Shares) of its common stock, $.01 par value per share (the Common Stock), for sale to investors desiring to purchase a minimum of 100,000 shares of Common Stock.
It is further understood that the Fund and Morgan Stanley Asset Management Inc. (the Investment Manager) are concurrently with the execution of this Agreement entering into an agreement (the Retail Underwriting Agreement) with Morgan Stanley & Co. Incorporated, Donaldson, Lufkin & Jenrette Securities Corporation, A.G. Edwards & Sons, Inc., Prudential Securities Incorporated, Kemper Securities, Inc. and Legg Mason Wood Walker Incorporated pursuant to which the Fund proposes to issue and sell to the several underwriters named therein (the Retail Underwriters) [ ] shares of Common Stock (the Retail Shares) for sale to investors desiring to purchase less than 100,000 shares of Common Stock (the Concurrent Offering). Consummation of this offering is conditioned upon the closing of the Concurrent Offering. The Firm Shares and the Retail Shares are hereinafter collectively referred to as the Shares.
The Fund has filed with the Securities and Exchange Commission (the Commission) a notification on Form N-8A (the Notification) of registration of the Fund as an investment company and a registration statement on Form N-2 relating to the Shares. The registration statement contains two forms of prospectuses to be used in connection with the offering and sale of the Shares: the prospectus to be used in connection with the offering and sale of Firm Shares and the prospectus to be used in connection with the offering and sale of the Retail Shares. The registration statement as amended at the time it becomes effective, including the information (if any) deemed to be part of the registration statement at the time of effectiveness pursuant to Rule 430A under the Securities Act of 1933, as amended, is hereinafter referred to as the Registration Statement; the prospectus for the Firm Shares and the prospectus for the Retail Shares in the respective forms first used to confirm sales of Shares are hereinafter referred to individually as a Prospectus and collectively as the Prospectuses; the prospectus in the respective form first used to confirm sales of the Firm Shares is hereinafter referred to as the Underwriting Prospectus and the prospectus in the respective form first used to confirm sales of the Retail Shares is hereinafter referred to as the Retail Prospectus. The Securities Act of 1933, as amended, and the rules and regulations of the Commission thereunder are collectively referred to as the Securities Act; the Investment Company Act of 1940, as amended, and the rules and regulations of the Commission thereunder are collectively referred to as the Investment Company Act; and the Securities Act and the Investment Company Act are collectively referred to as the Acts.
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