InterMune, Inc. Common Stock, par value $0.001 Underwriting AgreementUnderwriting Agreement • September 19th, 2011 • Intermune Inc • Pharmaceutical preparations • New York
InterMune, 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 hereto (the “Underwriters”) an aggregate of 4,000,000 shares (the “Firm Securities”) and, at the election of the Underwriters, up to 600,000 additional shares (the “Optional Securities”) of Common Stock, par value $0.001 per share (“Stock”) of the Company (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Securities”).
INTERMUNE, INC. as Issuer AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. as Trustee First Supplemental Indenture Dated as of September 19, 2011 to Indenture dated as of September 19, 2011 2.50% Convertible Senior Notes due 2018First Supplemental Indenture • September 19th, 2011 • Intermune Inc • Pharmaceutical preparations • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of September 19, 2011 (“Supplemental Indenture”), to the Indenture dated as of September 19, 2011 (as amended, modified or supplemented from time to time in accordance therewith, the “Base Indenture” and, as amended, modified and supplemented by this Supplemental Indenture, the “Indenture”), by and among INTERMUNE, INC., a Delaware corporation (the “Company”) and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as trustee (the “Trustee”).
