0001104659-15-048046 Sample Contracts

3,636,364 Shares of Common Stock BioPharmX Corporation UNDERWRITING AGREEMENT
Underwriting Agreement • June 26th, 2015 • BioPharmX Corp • Construction - special trade contractors • New York

BioPharmX Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 3,636,364 shares (the “Firm Shares”) of the Company’s Common Stock, $0.001 par value per share (the “Common Stock”). The Company has also granted to the Underwriters an option to purchase up to 545,454 additional shares of Common Stock on the terms and for the purposes set forth in Section 3 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Underwriting Agreement (the “Agreement”) are herein collectively referred to as the “Shares.”

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