34,782,609 ORDINARY SHARES AND -0- WARRANTS OF ITERUM THERAPEUTICS PLC AMENDED AND RESTATED UNDERWRITING AGREEMENTUnderwriting Agreement • February 5th, 2021 • Iterum Therapeutics PLC • Pharmaceutical preparations • New York
The undersigned, Iterum Therapeutics plc, an Irish incorporated public limited company (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 H.C. Wainwright & Co., 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. This Amended and Restated Underwriting Agreement amends, restates and supersedes in its entirety the prior underwriting agreement dated as of February 3, 2021, by and between the Company and the Representative.
