NANOSPHERE, INC. 40,000,000 Shares of Common Stock, $0.01 par value. UNDERWRITING AGREEMENTUnderwriting Agreement • October 27th, 2014 • Nanosphere Inc • Surgical & medical instruments & apparatus • New York
Contract Type FiledOctober 27th, 2014 Company Industry JurisdictionNanosphere, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named in Schedule A hereto (collectively, the “Underwriters” or each, an “Underwriter”), on a several and not joint basis, an aggregate of 40,000,000 authorized but unissued shares (the “Underwritten Shares”) of Common Stock, par value per $0.01 share (the “Common Stock”), of the Company. The Company has granted the Underwriters the option to purchase an aggregate of up to 6,000,000 additional shares of Common Stock (the “Additional Shares) as may be necessary to cover any over-allotments made in connection with the offering. The Underwritten Shares, the Additional Shares, and the Representative’s Shares (as hereinafter defined) are collectively referred to as the “Shares”. Chardan Capital Markets LLC (“Chardan”) is acting as representative of the several Underwriters and in such capacity is hereinafter referred to as the “