Shares NEOSTEM, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • February 8th, 2010 • NeoStem, Inc. • Services-misc health & allied services, nec • New York
NeoStem, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to Roth Capital Partners, LLC, Maxim Group LLC and Gilford Securities (the “Underwriters”) an aggregate of ___________ authorized but unissued shares (the “Underwritten Shares”) of Common Stock, par value $0.001 per share (the “Common Stock”), of the Company and Elancrest Investments Limited (the “Selling Stockholder”) hereby agrees to sell an aggregate of up to ___________ shares of Common Stock (the “Secondary Shares”). The Company has granted the Underwriters the option to purchase an aggregate of up to ___________ additional shares of Common Stock (the “Additional Shares”) as may be necessary to cover over-allotments made in connection with the offering. The Underwritten Shares, Secondary Shares and the Additional Shares are collectively referred to as the “Shares.”
