Series A Warrants to Purchase Shares of Common StockUnderwriting Agreement • November 17th, 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”) or pre-funded warrants (the “Pre-Funded Warrants”) to purchase Common Stock in lieu thereof at an exercise price of $0.001 per shares (the “Pre-Funded Warrant Shares”), and (ii) Series A warrants (the “Series A Warrants”) to purchase up to an aggregate of shares of Common Stock ( the “Series A Warrant Shares”) and Series B warrants (the “Series B Warrants” and together with the Series A Warrants, the “Warrants”) to purchase up to an aggregate of shares of Common Stock (the “Series B Warrant Shares” and together with the Series A Warrant Shares, the “Warran
