Common Stock (no par value) Underwriting AgreementUnderwriting Agreement • October 7th, 2009 • AspenBio Pharma, Inc. • In vitro & in vivo diagnostic substances • New York
Introductory. AspenBio Pharma, Inc., a Colorado corporation (the “Company”), proposes to issue and sell (the “Offering”) to ThinkEquity LLC (the “Underwriter”) an aggregate of 4,482,609 shares (the “Underwritten Securities”) of the Company’s common stock, no par value per share (the “Common Stock”). The Company also proposes to issue and sell at the Underwriter’s option, solely to cover over-allotments, an aggregate of up to 672,391 additional shares of Common Stock (the “Option Securities”, and together with the Underwritten Securities, the “Securities”) as set forth below.
