EnteroMedics Inc. 32,000,000 Units (Consisting of (A)(I) One Share of Common Stock OR (II) One Series C Warrant to Purchase One Share of Common Stock; and (B) One Series A Warrant to Purchase One Share of Common Stock) Underwriting AgreementUnderwriting Agreement • July 7th, 2015 • EnteroMedics Inc • Electromedical & electrotherapeutic apparatus • New York
EnteroMedics Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), an aggregate of 32,000,000 units (the “Units”), each Unit consisting of: (A)(I) one share (each, a “Share”) of common stock, $0.01 par value per share, of the Company (the “Common Stock”) or (II) one Series C warrant to purchase one share of Common Stock at an exercise price equal to $0.50 per share (each a “Series C Warrant”); and (B) one Series A warrant to purchase one share of Common Stock at an exercise price equal to $0.60 per share (each, a “Series A Warrant” and together with the Series C Warrants, the “Warrants”). The shares of Common Stock underlying the Warrants are referred to herein as the “Warrant Shares.” The Shares, Warrants and Warrant Shares are described in the Prospectus which is referred to below. The Units will not be issued or certificat
