0001144204-13-048556 Sample Contracts

AMENDED and RESTATED UNDERWRITING AGREEMENT
Underwriting Agreement • August 29th, 2013 • IsoRay, Inc. • Surgical & medical instruments & apparatus • New York

The undersigned, Isoray, Inc., a company incorporated under the laws of Minnesota (collectively with its subsidiaries and affiliates, the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for whom Maxim Group LLC is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.

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UNDERWRITING AGREEMENT
Underwriting Agreement • August 29th, 2013 • IsoRay, Inc. • Surgical & medical instruments & apparatus • New York

The undersigned, Isoray, Inc., a company incorporated under the laws of Minnesota (collectively with its subsidiaries and affiliates, the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for whom Maxim Group LLC is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.

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