SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 20th, 2006 • Genvec Inc • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of December 19, 2006, among GenVec, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
CONFIDENTIAL Mr. Douglas Swirsky Chief Financial Officer, Corporate Secretary and Treasurer GenVec, Inc. 65 West Watkins Mill Road Gaithersburg, MD 20878 Dear Mr. Swirsky:Genvec Inc • December 20th, 2006 • Pharmaceutical preparations • New York
This letter (the “Agreement”) constitutes the agreement among Rodman & Renshaw, LLC, the placement agent (“R&R”), (the “Placement Agent”), and GenVec, Inc. (the “Company”), that the Placement Agent shall serve as the exclusive placement agent for the Company, on a “reasonable best efforts” basis, in connection with the proposed placement (the “Placement”) of registered securities (the “Securities”) of the Company, including shares (the “Shares”) of the Company’s common stock, par value $.001 per share (the “Common Stock”). The terms of such Placement and the Securities shall be mutually agreed upon by the Company and the purchasers (each, a “Purchaser” and collectively, the “Purchasers”) and nothing herein constitutes that the Placement Agent would have the power or authority to bind the Company or any Purchaser or an obligation for the Company to issue any Securities or complete the Placement. This Agreement and the documents executed and delivered by the Company and the Purchasers in
