5,000,000 Shares BIOCRYST PHARMACEUTICALS, INC. COMMON STOCK, PAR VALUE $0.01 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • November 24th, 2009 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
Contract Type FiledNovember 24th, 2009 Company Industry JurisdictionBiocryst Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for which you are acting as representative (the “Representative”), the number of shares of its Common Stock, par value $0.01 per share set forth in Schedule I hereto (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than the number of additional shares of its Common Stock, par value $0.01 per share set forth in Schedule I hereto (the “Additional Shares”) if and to the extent that the Representative shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The shares of Common Stock, par value $0.01 per share of the Company to be outstanding after giving effe