5,500,000 Shares1 Genitope Corporation Common Stock UNDERWRITING AGREEMENT April 26, 2007Underwriting Agreement • April 27th, 2007 • Genitope Corp • Biological products, (no disgnostic substances) • New York
Genitope Corporation, a Delaware corporation (the “Company”), proposes to issue and sell up to an aggregate of 5,500,000 shares of its authorized but unissued common stock, $0.001 par value per share (the “Common Stock”), to the Underwriter (as hereinafter defined) (said 5,500,000 shares of Common Stock to be issued and sold by the Company being herein called the “Underwritten Stock”). The Company has also granted the Underwriter an option to purchase up to an aggregate of 825,000 additional shares of Common Stock (the “Option Stock,” and the Option Stock together with the Underwritten Stock being hereinafter referred to as the “Shares”). The Common Stock is more fully described in the Registration Statement and the Prospectus hereinafter mentioned. The Company hereby confirms the agreements made with respect to the purchase of the Shares by the Underwriter, named in Schedule 1 hereto (herein referred to as the “Underwriter”).
