SHARES OF SERIES B CONVERTIBLE PREFERRED STOCK (CONVERTIBLE INTO SHARES OF COMMON STOCK) AND WARRANTS EXERCISABLE INTO SHARES OF COMMON STOCK OF AVINGER, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • February 13th, 2018 • Avinger Inc • Surgical & medical instruments & apparatus • New York
The undersigned, Avinger, Inc., a company incorporated under the laws of Delaware (the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Ladenburg Thalmann & Co. Inc. is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
