4,350,176 Shares of Common Stock and Pre-Funded Warrants to Purchase 7,258,263 Shares of Common Stock MIRATI THERAPEUTICS, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • January 6th, 2017 • Mirati Therapeutics, Inc. • Pharmaceutical preparations • New York
Introductory. Mirati Therapeutics, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) (i) an aggregate of 4,350,176 shares (the “Firm Shares”) of its common stock, par value $0.001 per share (the “Common Stock”) and (ii) warrants of the Company to purchase 7,258,263 shares of Common Stock at an exercise price equal to $0.001 per share (the “Pre-Funded Warrants”). The 4,350,176 Firm Shares and the 7,258,263 Pre-Funded Warrants to be sold by the Company are collectively referred to as the “Firm Securities.” In addition, the Company has granted to the Underwriters an option to purchase up to an additional 652,526 shares of Common Stock as provided in Section 2. The additional 652,526 shares of Common Stock 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 collect
