Alvin J. Glasky, Ph.D. Chairman, President and CEO NeoTherapeutics, Inc. 157 Technology Drive Irvine, CA 92618 Dear Dr. Glasky:Letter Agreement • December 11th, 2001 • Neotherapeutics Inc • Pharmaceutical preparations • New York
The purpose of this letter agreement (the “Agreement”) is to set forth the terms and conditions pursuant to which Ladenburg Thalmann & Co. Inc. (“LTCO”) shall serve as non-exclusive placement agent in connection with the proposed public offering (the “Offering”) of common stock and/or warrants to purchase common stock (the “Securities”) of NeoTherapeutics, Inc. (the “Company”) pursuant to the Company’s existing effective shelf registration statement, file no. 333-53108 (the “Registration Statement”). The terms of such Offering and the Securities shall be as agreed to between the Company and the purchasers thereof from time to time; provided, that the aggregate public offering price of the Offering shall not exceed the lesser of $20,000,000 or the dollar amount of aggregate public offering price of securities available for sale by the Company pursuant to the Registration Statement.
