Corautus Genetics Inc. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 14th, 2006 • Corautus Genetics Inc • Biological products, (no disgnostic substances) • New York
Contract Type FiledMarch 14th, 2006 Company Industry JurisdictionCorautus Genetics 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 annexed hereto (the “Underwriters”) an aggregate of 7,500,000 shares (the “Firm Shares”) of common stock, $0.001 par value per share, of the Company (the “Common Shares”). In addition, the Company has granted to the Underwriters an option to purchase up to an additional 1,125,000 Common Shares (the “Option Shares”) as provided in Section 1. The Firm Shares and, if and to the extent such option is exercised, the Option Shares are collectively called the “Shares”. Lazard Capital Markets LLC and Jefferies & Company, Inc. have agreed to act as representatives of the several Underwriters (in such capacity, the “Representatives”) in connection with the offering and sale of the Shares. To the extent there are no additional Underwriters listed on Schedule I other than Lazard Capital Markets LLC and Jefferies & Com