2,250,000 Shares MIRATI THERAPEUTICS, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • January 29th, 2015 • Mirati Therapeutics, Inc. • Pharmaceutical preparations • New York
Contract Type FiledJanuary 29th, 2015 Company Industry JurisdictionIntroductory. Mirati Therapeutics, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) an aggregate of 2,250,000 shares of its common stock, par value $0.001 per share (the “Shares”). The 2,250,000 Shares to be sold by the Company are called the “Firm Shares.” In addition, the Company has granted to the Underwriters an option to purchase up to an additional 337,500 Shares as provided in Section 2. The additional 337,500 Shares to be sold by the Company pursuant to such option are collectively called the “Optional Shares.” The Firm Shares and, if and to the extent such option is exercised, the Optional Shares are collectively called the “Offered Shares.” Citigroup Global Markets Inc. (“Citigroup”) has agreed to act as representative of the several Underwriters (in such capacity, the “Representative”) in connection with the offering and sale of the Offered Shares. To the extent there are no addition