0001145443-13-001427 Sample Contracts

BIODEL INC. Common Stock, par value $0.01 per share Underwriting Agreement
Underwriting Agreement • June 20th, 2013 • Biodel Inc • Pharmaceutical preparations • New York

Biodel Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom William Blair & Company, L.L.C. is acting as representative (the “Representative” or “you”) an aggregate of 4,482,760 shares (the “Firm Securities”) and, at the election of the Underwriters, up to 672,414 additional shares (the “Optional Securities”) of common stock, par value $0.01 per share (“Common Stock”), of the Company (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Securities”).

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