Common Stock ($0.01 par value) PLACEMENT AGENCY AGREEMENTPurchase Agreement • February 13th, 2007 • Immtech Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York
IMMTECH PHARMACEUTICALS, INC., a Delaware corporation (the “Company”) proposes, subject to the terms and conditions contained herein and in the Purchase Agreements in the form of Exhibit A attached hereto (the “Purchase Agreements”) entered into with the Investors identified therein (each an “Investor” and, collectively, the “Investors”), to issue and sell its common stock, $0.01 par value per share, (the “Common Stock”) up to an aggregate of 1,200,000 shares of Common Stock, (the “Shares”). The Company hereby sets forth its agreement (this “Agreement”) with Ferris, Baker Watts, Incorporated (“FBW”) acting as the placement agent (the “Placement Agent”) for this proposed registered direct offering. The Shares are more fully described in the Registration Statement (as hereinafter defined).
