0001104659-23-077061 Sample Contracts

BLACK DIAMOND THERAPEUTICS, INC. 15,000,000 Shares of Common Stock Underwriting Agreement
Underwriting Agreement • June 30th, 2023 • Black Diamond Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York

Black Diamond Therapeutics, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), an aggregate of 15,000,000 shares of common stock, par value $$0.0001 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 2,250,000 shares of common stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of common stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.

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