61,000,000 Shares AMERICAN APPAREL, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 31st, 2014 • American Apparel, Inc • Blank checks • New York
Contract Type FiledMarch 31st, 2014 Company Industry JurisdictionAmerican Apparel, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriters named in Schedule I hereto (the “Underwriters” or each, an “Underwriter”) for whom Roth Capital Partners, LLC is acting as representative (the “Representative”) an aggregate of 61,000,000 authorized but unissued shares (the “Underwritten Shares”) of Common Stock, par value $0.0001 per share (the “Common Stock”), of the Company. The Company has granted the Underwriters the option to purchase an aggregate of up to 9,150,000 additional shares of Common Stock (the “Additional Shares”) as may be necessary to cover over-allotments made in connection with the offering. The Underwritten Shares and Additional Shares are collectively referred to as the “Shares.”