BIOPHARMX CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • November 9th, 2017 • BioPharmX Corp • Pharmaceutical preparations • New York
BioPharmX Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to Oppenheimer & Co. Inc., as representative (the “Representative”) of the several underwriters named in Schedule I hereto (each, the “Underwriter”), (i) an aggregate of authorized but unissued shares (the “Shares”) of Common Stock, par value $0.001 per share of the Company (the “Common Stock”), and (ii) warrants (the “Warrants”) to purchase up to an aggregate of shares of Common Stock (the “Warrant Shares”). The Shares, Warrants and Warrant Shares are collectively referred to as the “Securities.”
