FIREPOND, INC. [ ] Shares of Common Stock (Par Value $0.001 Per Share) UNDERWRITING AGREEMENTFirepond, Inc. • December 7th, 2007 • Services-advertising • New York
Firepond, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A hereto (the “Underwriters”), pursuant to this underwriting agreement (the “Agreement”), an aggregate of [ ] ([ ]) shares of common stock of the Company, par value $0.001 per share (the “Common Stock”). In addition, the Company has granted to the Underwriters the option referred to in Section 3(d) hereof to purchase an aggregate of not more than an additional [ ] ([ ]) shares of Common Stock, if requested by the Underwriters in accordance with Section 3(d) hereof. It is understood that the Underwriters propose to offer the “Shares” (as defined below) to be purchased hereunder to the public upon the terms and conditions set forth in the “Registration Statement” (as defined below) after the “Effective Date” (as defined below) of the Registration Statement. As used in this Agreement, (a) the term “Firm Shares” shall mean the Common Stock to be issued and sold t
