0001104659-10-010603 Sample Contracts

4,250,000 Shares OPTIMER PHARMACEUTICALS, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • March 1st, 2010 • Optimer Pharmaceuticals Inc • Pharmaceutical preparations • New York

Optimer Pharmaceuticals, Inc., a Delaware corporation (the “Company”) proposes, subject to the terms and conditions stated herein, to sell to Jefferies & Company, Inc. (the “Underwriter”) an aggregate of 4,250,000 shares (the “Firm Shares”) of Common Stock, $0.001 par value per share (the “Common Stock”), of the Company. The Firm Shares consist of 4,250,000 authorized but unissued shares of Common Stock to be issued and sold by the Company.

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