UNDERWRITING AGREEMENT between OPEXA THERAPEUTICS, INC. and AEGIS CAPITAL CORP., as Representative of the Several UnderwritersUnderwriting Agreement • December 18th, 2013 • Opexa Therapeutics, Inc. • Pharmaceutical preparations • New York
The undersigned, Opexa Therapeutics, Inc., a corporation formed under the laws of the State of Texas (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement, the Pricing Disclosure Package and the Prospectus (as hereinafter defined) as being subsidiaries or affiliates of Opexa Therapeutics, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with Aegis Capital Corp. (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
