0000819050-21-000119 Sample Contracts

11,290,323 Shares of Common Stock BRICKELL BIOTECH, INC. AMENDED AND RESTATED UNDERWRITING AGREEMENT
Underwriting Agreement • July 22nd, 2021 • Brickell Biotech, Inc. • Biological products, (no disgnostic substances) • New York

Brickell Biotech, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to H.C. Wainwright & Co., LLC, as representative (the “Representative”) of the several underwriters named in Schedule I hereto (each, an “Underwriter” and collectively, the “Underwriters”), an aggregate of 11,290,323 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.01 per share, of the Company (the “Common Stock”). The amount of the Firm Shares to be purchased by the Underwriters is set forth opposite each Underwriter’s name, as applicable, on Schedule I hereto. The Company also proposes to sell to the Underwriters, at the option of the Representative, up to an additional 1,693,548 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares” or the “Securities”. This Amended and Restated Underwriting Agreement amends, restates and supe

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