0001193125-03-080043 Sample Contracts

610,000 Shares NovaStar Financial, Inc. Common Stock Underwriting Agreement dated November 6, 2003 JMP SECURITIES LLC FLAGSTONE SECURITIES, LLC
Underwriting Agreement • November 13th, 2003 • Novastar Financial Inc • Real estate investment trusts • New York

Introductory. NovaStar Financial, Inc., a Maryland corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “List of the Underwriters”) attached hereto (collectively, the “Underwriters”) an aggregate of 610,000 Shares (the “Firm Offered Shares”) of its Common Stock, par value $0.01 per share (the “Common Stock”) in accordance with the terms and conditions set forth in this Underwriting Agreement (the “Agreement”). In addition, the Company has granted to the Underwriters an option to purchase up to an additional 91,500 shares (or up to 183,000 shares in the event the option closes after the Stock Split Record Date, as defined below) (the “Optional Offered Shares”) of Common Stock, as provided in Section 2 (the “Purchase, Sale, and Delivery of the Offered Shares”). The Firm Offered Shares and, if and to the extent such option is exercised, the Optional Offered Shares are collectively called the “Offered Shares.”

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