5,374,755 Shares1 Nyxoah SA Ordinary Shares UNDERWRITING AGREEMENTUnderwriting Agreement • May 24th, 2024 • Nyxoah SA • Surgical & medical instruments & apparatus • New York
Nyxoah SA, a limited liability company (naamloze vennootschap/société anonyme) organized under the laws of Belgium (the “Company”), proposes to sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 5,374,755 Ordinary Shares (the “Firm Shares”), with no nominal value (the “Ordinary Shares”), of the Company. The Company has also granted to the Representative an option to purchase up to 806,213 additional Ordinary Shares 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 (this “Agreement”) are herein collectively called the “Securities.”
