MGI PHARMA, INC. (a Minnesota corporation) 4,400,000 Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • August 8th, 2003 • Mgi Pharma Inc • Pharmaceutical preparations • New York
MGI PHARMA, INC., a Minnesota corporation (the “Company”), confirms its agreement with Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters”, which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch is acting as representative (in such capacity, the “Representative”), with respect to the issue and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, par value $.01 per share, of the Company (“Common Stock”) set forth in said Schedule A, and with respect to the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of 660,000 additional shares of Common Stock to cover overallotments, if any. The aforesai
