SHARES BIODEL INC. COMMON STOCK, $0.01 PAR VALUE PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • January 31st, 2008 • Biodel Inc • Pharmaceutical preparations • New York
Introductory. Biodel Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule II (the “Underwriters”) an aggregate of 3,260,000 shares (the “Company Shares”) of its Common Stock, par value $0.01 per share (the “Common Stock”), and certain selling shareholders (the “Selling Shareholders”) named in Schedule I hereto severally propose to sell to the several Underwriters an aggregate of 550,000 shares (the “Firm Selling Shareholder Shares” and, together with the Company Shares, the “Firm Shares”) of Common Stock, each Selling Shareholder selling the number of Firm Shares set forth opposite such Selling Shareholder’s name in Schedule I hereto. In addition, the Selling Shareholders have, as provided in Section 3 hereof, granted to the Underwriters an option to purchase up to an additional 571,000 shares (the “Optional Shares”) of Common Stock, each Selling Shareholder granting the Underwriters the option to purchase the number of
