Tengion, Inc. [ — ] Shares1 Common Stock PURCHASE AGREEMENTPurchase Agreement • March 25th, 2010 • Tengion Inc • Biological products, (no disgnostic substances) • New York
Contract Type FiledMarch 25th, 2010 Company Industry JurisdictionTengion, Inc., a Delaware corporation (the “Company”), proposes to sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ — ] authorized but unissued shares (the “Firm Shares”) of Common Stock, $0.001 par value per share (the “Common Stock”), of the Company. The Company has also granted to the several Underwriters an option to purchase up to [ — ] additional shares of Common Stock on the terms and for the purposes set forth in Section 3 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Purchase Agreement are herein collectively called the “Securities.”