0001104659-07-053231 Sample Contracts

PUBLIC OFFERING UNDERWRITING AGREEMENT NEOSTEM, INC. Units Consisting of Common stock and Warrants ($0.001 par value) _______, 2007 FOR DISCUSSION PURPOSES ONLY
NeoStem, Inc. • July 10th, 2007 • Services-misc health & allied services, nec • New York

NEOSTEM, INC., a Delaware corporation (the “Company”) hereby confirms its agreement with Mercer Capital Ltd., (the “Underwriter”) regarding the participation by the Underwriter in the Public Offering (hereinafter defined), and agrees, as follows:

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WARRANT AGREEMENT
Warrant Agreement • July 10th, 2007 • NeoStem, Inc. • Services-misc health & allied services, nec • New York

THIS AGREEMENT, made as of July __, 2007 between NeoStem, Inc., a Delaware corporation, with offices at 420 Lexington Avenue, Suite 450, New York, New York 10170 (“Company”), and Continental Stock Transfer & Trust Company, a New York corporation, with offices at 17 Battery Place, New York, New York 10004 (“Warrant Agent”).

May 22, 2007
NeoStem, Inc. • July 10th, 2007 • Services-misc health & allied services, nec
Contract
Letter Agreement • July 10th, 2007 • NeoStem, Inc. • Services-misc health & allied services, nec

This letter agreement shall describe the basic terms of our mutual understanding pursuant to which DC Associates (“DC”) will license to NeoStem, and its successors (“NeoStem”) executive office space and related services pursuant to its rights to do so under its lease with the landlord for the subject premises.

UNDERWRITER’S WARRANT AGREEMENT
’s Warrant Agreement • July 10th, 2007 • NeoStem, Inc. • Services-misc health & allied services, nec • New York

THIS AGREEMENT, made as of July , 2007 between NeoStem, Inc., a Delaware corporation, with offices at 420 Lexington Avenue, Suite 450, New York, New York 10170 (“Company”), and Mercer Capital Ltd., a , with offices at 40 Wall Street, 31st Floor, New York, NY 10005 (“Underwriter”).

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