BIOPHARMX CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • March 29th, 2016 • BioPharmX Corp • Pharmaceutical preparations • New York
BioPharmX Corporation, a Delaware corporation (the “Company”), confirms its agreement, subject to the terms and conditions set forth herein, with each of the underwriters listed on Schedule A hereto (collectively, the “Underwriters”), for whom Maxim Group LLC is acting as representative (in such capacity, the “Representative”), to sell and issue to the Underwriters an aggregate of 3,600,000 shares (the “Firm Shares”) of common stock, $0.001 par value per share, of the Company (the “Common Stock”), together with warrants to purchase an aggregate of up to 1,800,000 shares of Common Stock at an exercise price equal to $1.20 per share (each a “Firm Warrant” and collectively, the “Firm Warrants”). Each Firm Share shall be accompanied by a Firm Warrant to purchase .5 of an additional share of Common Stock. The Company has granted the Underwriters the option to purchase an aggregate of up to 324,000 shares (the “Option Shares” and together with the Firm Shares, the “Shares”) of Common Stock a
