5,000,000 Shares ACACIA RESEARCH CORPORATION Common Stock, $0.001 par value UNDERWRITING AGREEMENTUnderwriting Agreement • March 24th, 2011 • Acacia Research Corp • Patent owners & lessors • New York
Acacia Research Corporation, a Delaware corporation (the “Company”), proposes to sell an aggregate of 5,000,000 shares (the “Firm Stock”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). In addition, the Company proposes to grant to the Barclays Capital Inc. (the “Underwriter”) pursuant to this agreement (this “Agreement”) an option to purchase up to an aggregate of 750,000 additional shares of the Common Stock on the terms set forth in Section 2 (the “Option Stock”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock.” This is to confirm the agreement concerning the purchase of the Stock from the Company by the Underwriter.
