15,484,000 Shares Warrants to Purchase 7,742,000 Shares ZIOPHARM Oncology, Inc. Common Stock ($0.001 par value) UNDERWRITING AGREEMENTUnderwriting Agreement • December 8th, 2009 • Ziopharm Oncology Inc • Services-specialty outpatient facilities, nec • New York
Such counsel has acted as counsel to the Company in connection with the preparation of the Registration Statement, the Time of Sale Disclosure Package and the Prospectus, and each amendment or supplement thereto made by the Company prior to the Closing Date. Based on (x) such counsel’s examination of the Registration Statement, the Time of Sale Disclosure Package and the Prospectus, and each amendment or supplement thereto made by the Company prior to the Closing Date and the documents incorporated by reference in the Time of Sale Disclosure Package or the Prospectus and any further amendment or supplement to any such incorporated document made by the Company prior to the Closing Date and (y) such counsel’s investigation made in connection with the preparation of the Registration Statement, the Time of Sale Disclosure Package and the Prospectus, and each amendment or supplement thereto made by the Company prior to the Closing Date and discussions with representatives of the Underwriter
