3,780,718 SHARES CINEDIGM DIGITAL CINEMA CORP. CLASS A COMMON STOCK UNDERWRITING AGREEMENTUnderwriting Agreement • June 28th, 2013 • Cinedigm Digital Cinema Corp. • Services-business services, nec • New York
Contract Type FiledJune 28th, 2013 Company Industry JurisdictionCinedigm Digital Cinema Corp., a Delaware corporation (the “Company”) proposes, subject to the terms and conditions stated herein, to issue and sell to Merriman Capital, Inc. and National Securities Corporation (each, an “Underwriter” and collectively, the “Underwriters”), an aggregate of 3,780,718 authorized but unissued shares (the “Firm Shares”) and, at the election of the Underwriters, up to 567,108 additional shares (the “Additional Shares”) of Class A Common Stock, $.001 par value per share (the “Common Stock”), of the Company (the Firm Shares and the Additional Shares that the Underwriters elect to purchase pursuant to Section 3 hereof being collectively called the “Securities”).