Common Contracts

2 similar Purchase Agreement contracts by Masimo Corp, Optimer Pharmaceuticals Inc

Shares Masimo Corporation Common Stock PURCHASE AGREEMENT
Purchase Agreement • July 20th, 2007 • Masimo Corp • Electromedical & electrotherapeutic apparatus • New York

Masimo Corporation, a Delaware corporation (the “Company”), and the stockholders of the Company listed in Schedule I hereto (the “Selling Stockholders”) severally propose to sell to the several Underwriters named in Schedule II hereto (the “Underwriters”) an aggregate of shares (the “Firm Shares”) of Common Stock, $0.001 par value per share (the “Common Stock”), of the Company. The Firm Shares consist of authorized but unissued shares of Common Stock to be issued and sold by the Company and outstanding shares of Common Stock (the “Selling Stockholder Shares”) to be sold by the Selling Stockholders. The Company has also granted to the several Underwriters an option to purchase up to additional shares of Common Stock, on the terms and for the purposes set forth in Section 3 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Purchase Agreement are herein collectively called the “Securities.”

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] Shares(1) OPTIMER PHARMACEUTICALS, INC. Common Stock PURCHASE AGREEMENT
Purchase Agreement • January 22nd, 2007 • Optimer Pharmaceuticals Inc • Pharmaceutical preparations • New York

Optimer Pharmaceuticals, Inc., a Delaware corporation (the "Company") proposes, subject to the terms and conditions stated herein, to sell to the several Underwriters named in Schedule I hereto (the "Underwriters") an aggregate of [ ] shares (the "Firm Shares") of Common Stock, $0.001 par value per share (the "Common Stock"), of the Company. The Firm Shares consist of [ ] authorized but unissued shares of Common Stock to be issued and sold by the Company.

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