0001193125-08-088023 Sample Contracts

38,000,000 Shares THE COLONIAL BANCGROUP, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • April 23rd, 2008 • Colonial Bancgroup Inc • State commercial banks • New York

The Colonial BancGroup, Inc., a Delaware corporation (the “Company”), proposes to sell 38,000,000 shares (the “Firm Stock”) of the Company’s common stock, par value $2.50 per share (the “Common Stock”). In addition, the Company proposes to grant to the underwriters (the “Underwriters”) named in Schedule 1 attached to this agreement (this “Agreement”) an option to purchase up to 5,700,000 additional shares of the Common Stock on the terms set forth in Section 2 (the “Option Stock”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock.” This is to confirm the agreement concerning the purchase of the Stock from the Company by the Underwriters.

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