LPATH, INC. 2,366,000 Shares Class A Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • December 14th, 2012 • Lpath, Inc • Biological products, (no disgnostic substances) • New York
Lpath, Inc., a Nevada corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to Summer Street Research Partners (the “Underwriter”) an aggregate of 2,366,000 authorized but unissued shares (the “Firm Shares”) of Class A Common Stock, par value $0.001 per share (the “Common Stock”), of the Company. The Company has granted the Underwriter, pursuant to the terms and conditions set forth in Section 4 hereof, the option to purchase an aggregate of up to an additional 354,900 shares of Common Stock (the “Option Shares”) as may be necessary to cover over-allotments made in connection with the offering. The Firm Shares and Option Shares are collectively referred to as the “Shares”
