UNDERWRITING AGREEMENTUnderwriting Agreement • July 18th, 2003 • Digital River Inc /De • Wholesale-computers & peripheral equipment & software • New York
Digital River, Inc., a Delaware corporation (the “Company”), proposes to issue and sell 2,100,000 shares (the “Firm Shares”) of its common stock, par value $0.01 per share (“Common Stock”). The Company also proposes to issue and sell at the Underwriters’ option an aggregate of up to 310,000 additional shares of Common Stock (the “Option Shares”) as set forth below. The Firm Shares and the Option Shares (to the extent the aforementioned option is exercised) are herein collectively called the “Offered Securities.” The Company hereby agrees with the several Underwriters (the “Underwriters”) named in Schedule I hereto for whom you are acting as representatives, as follows:
