425,000 SHARES OF COMMON STOCK AND 148,750 WARRANTS OF DELCATH SYSTEMS, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • October 4th, 2016 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus • New York
The undersigned, Delcath Systems, Inc., a company incorporated under the laws of Delaware (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 Delcath Systems, 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 which Roth Capital Partners, LLC 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.
