0001104659-13-040568 Sample Contracts

·] Shares Aastrom Biosciences, Inc. Common Stock (no par value) Underwriting Agreement dated [·], 2013
Underwriting Agreement • May 13th, 2013 • Aastrom Biosciences Inc • Biological products, (no disgnostic substances) • New York

Aastrom Biosciences, Inc., a Michigan corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A attached hereto (collectively, the “Underwriters”) an aggregate of [·] shares of its Common Stock, no par value per share (the “Common Stock”), including rights to purchase shares of Series A Junior Participating Cumulative Preferred Stock of the Company, which are attached to all shares of Common Stock (collectively, the “Firm Offered Shares”), in accordance with the terms and conditions set forth in this Underwriting Agreement (the “Agreement”). In addition, the Company has granted to the Underwriters an option to purchase up to an additional [·] shares of Common Stock, including rights to purchase shares of Series A Junior Participating Cumulative Preferred Stock of the Company, which are attached to all shares of Common Stock (collectively, the “Optional Offered Shares”), as provided in Section 2 hereof. The Firm Offered Shares and, if and to

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