0001144204-07-029928 Sample Contracts

Standard Contracts

UNDERWRITING AGREEMENT _____ Shares of Common Stock (Par Value $0.001 Per Share) UNDERWRITING AGREEMENT
Underwriting Agreement • June 1st, 2007 • MMC Energy, Inc. • Cogeneration services & small power producers • New York

As the representative of the Underwriters, Merriman Curhan Ford & Co. has informed the Company that Merriman Curhan Ford & Co. is authorized to enter into this Agreement on behalf of the several Underwriters, and that the several Underwriters are willing, on the basis of the representations, warranties and agreements of the Company herein contained, and upon the terms but subject to the conditions herein set forth, acting severally and not jointly, to purchase the number of Firm Shares set forth opposite their respective names in Schedule A hereto, plus their pro rata portion of the Option Shares if Merriman Curhan Ford & Co. elects to exercise the over-allotment option in whole or in part for the account of the several Underwriters.

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