0001193125-05-009347 Sample Contracts

5,500,000 Shares ISTA PHARMACEUTICALS, INC. COMMON STOCK UNDERWRITING AGREEMENT Dated January 20, 2005
Underwriting Agreement • January 21st, 2005 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • New York

Introduction. ISTA PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A hereto (the “Underwriters”) 5,500,000 shares of the Common Stock, par value $0.001 per share, of the Company (the “Firm Shares”).

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