FORM OF PURCHASE AGREEMENT August 5, 2004Form of Purchase Agreement • August 6th, 2004 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • New York
ISTA PHARMACEUTICALS, INC. 2,500,000 SHARES COMMON STOCK ($.001 PAR VALUE PER SHARE) PLACEMENT AGENCY AGREEMENT Dated August 5, 2004Placement Agency Agreement • August 6th, 2004 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • New York
ISTA Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to certain investors (collectively, the “Investors”) a minimum of 1,250,000 shares of its Common Stock, $.001 par value per share (the “Common Stock”) (the “Minimum Shares”), and a maximum of 2,500,000 shares of Common Stock (the “Maximum Shares”). The shares of Common Stock to be issued are hereinafter referred to as the “Shares”. The Company desires to engage Banc of America Securities LLC (“BofA”) and Thomas Weisel Partners LLC (“TWP” and, together with BofA, the “Representatives”), Lazard Frères & Co. LLC and C.E. Unterberg, Towbin LLC (collectively, with BofA and TWP, the “Placement Agents”) as its exclusive placement agents in connection with such issuance and sale. The Shares are described in the Prospectus that is referred to below.
