9,000,000 Shares INCYTE CORPORATION COMMON STOCK (PAR VALUE $0.001 PER SHARE) UNDERWRITING AGREEMENTEmployment Agreement • November 2nd, 2004 • Incyte Corp • Services-commercial physical & biological research • New York
Incyte Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to Morgan Stanley & Co. Incorporated (the “Underwriter”) 9,000,000 shares of its common stock, par value $0.001 per share (the “Firm Shares”). The Company also proposes to issue and sell to the Underwriter not more than an additional 1,350,000 shares of its common stock, par value $0.001 per share (the “Additional Shares”), if and to the extent that the Underwriter shall have determined to exercise its right to purchase such shares of common stock granted to the Underwriter in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares”. The shares of common stock, par value $0.001 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock”.
