Underwriting AgreementUnderwriting Agreement • April 26th, 2010 • Convio, Inc. • Services-prepackaged software • New York
Convio, Inc., a Delaware Corporation (“Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ ] shares of Common Stock, par value $0.001 per share (“Stock”) of the Company, and, at the election of the Underwriters, up to [ ] additional shares of Stock, and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, subject to the terms and conditions stated herein, severally and not jointly to sell to the Underwriters an aggregate of [ ] shares of Stock. The aggregate of [ ] shares to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and the aggregate of [ ] additional shares to be sold by the Company is herein called the “Optional Shares”. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.
