NEOPHARM, INC. 3,500,000 Shares Common Stock ($0.0002145 par value per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • January 5th, 2006 • Neopharm Inc • Biological products, (no disgnostic substances) • New York
The Firm has reviewed the Prospectus dated December 17, 2003 and those portions of (a) the January , 2006, Prospectus Supplement to Prospectus dated December 17, 2003, (b) Annual Report on Form 10-K, of NeoPharm, Inc. for the fiscal year ended December 31, 2004, and (c) Form S-3 Registration Statement, entitled “Our inability to adequately protect our proprietary technologies could harm our competitive position and have a material adverse effect on our business,” “We may be sued for infringing on the intellectual property rights of others,” “We depend on intellectual property rights licensed from third parties. If we fail to meet our obligations under license agreements, we may lose our rights to key technologies on which our business depends,” and “We may in the future be a party to patent litigation, which could be expensive and divert our management’s attention,” which are titles being listed under the section titled “Risk Factors.” and a section in the Company’s Form 10-K entitled
