SHARES OF COMMON STOCK; PRE-FUNDED WARRANTS AND WARRANTS OF SUPERCONDUCTOR TECHNOLOGIES INC. UNDERWRITING AGREEMENTUnderwriting Agreement • August 5th, 2013 • Superconductor Technologies Inc • Radio & tv broadcasting & communications equipment • New York
The undersigned, SUPERCONDUCTOR TECHNOLOGIES INC., a Delaware corporation (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of the SUPERCONDUCTOR TECHNOLOGIES INC., the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for whom Ladenburg Thalmann & Co. Inc. is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
