0001193125-17-168043 Sample Contracts

ZIOPHARM Oncology, Inc. 9,708,738 Shares of Common Stock Underwriting Agreement
Underwriting Agreement • May 12th, 2017 • Ziopharm Oncology Inc • Pharmaceutical preparations • New York

ZIOPHARM Oncology, 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 9,708,738 shares of Common Stock, par value $0.001 per share, of the Company (the “Shares”). The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock.” To the extent there are no additional underwriters listed on Schedule 1, the term “Representative” as used herein shall mean you, as Underwriters, and the term “Underwriters” shall mean either the singular or the plural, as the context requires.

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