Denis Burger, Ph.D. Chairman and CEO AVI BioPharma, Inc. One S.W. Columbia Street, Suite 1105 Portland, OR 97258 Dear Dr. Burger:Introduction Agreement • November 21st, 2005 • Avi Biopharma Inc • Pharmaceutical preparations • New York
The purpose of this letter agreement (the “Agreement”) is to set forth the terms and conditions pursuant to which Rodman & Renshaw, LLC. (“R&R”) shall introduce AVI BioPharma, Inc. (the “Company”) to one or more investors in connection with the proposed offering (the “Offering”) of securities (the “Securities”) of the Company. The gross proceeds from the Offering will be up to $27,000,000. The terms of such Offering and the Securities shall be mutually agreed upon by the Company and the investor(s). R&R’s engagement under this Agreement shall be exclusive until the earlier of (i) the completion of the Offering or (ii) December 31, 2005. The identities of the investors to which R&R introduces the Company shall be proprietary information of R&R and shall not be divulged to third parties by the Company, nor used by the Company outside the scope of R&R’s engagement as described herein.
