Underwriting AgreementUnderwriting Agreement • May 7th, 2010 • Med BioGene Inc. • Services-medical laboratories • New York
Med BioGene Inc., a corporation existing under the laws of the Province of British Columbia (“Company”), confirms its agreement, subject to the terms and conditions stated herein, to issue and sell to the underwriters named in Schedule I hereto (collectively, the “Underwriters” or individually, an “Underwriter”) for whom you are acting as representative (the “Representative”) an aggregate of Common Shares, without par value (the “Common Shares”), and, at the election of the Underwriters in the circumstances specified in Section 2 hereof, up to additional Common Shares. The Common Shares to be sold by the Company are herein called the “Firm Shares” and the [15% of the Common Shares] additional Common Shares to be sold by the Company are herein called the “Option Shares.” The Firm Shares and the Option Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively referred to as the “Securities.”
