3,036,366 Shares of Common Stock Benitec Biopharma Inc. AMENDED AND RESTATED UNDERWRITING AGREEMENTUnderwriting Agreement • April 29th, 2021 • Benitec Biopharma Inc. • Pharmaceutical preparations • New York
Benitec Biopharma Inc., a Delaware corporation (the “Company”), proposes to issue and sell to H.C. Wainwright & Co., LLC (the “Underwriter”) an aggregate of 3,036,366 shares (the “Firm Shares”) of the common stock, par value $0.0001 per share, of the Company (“Common Stock”). The amount of the Firm Shares to be purchased by the Underwriter is set forth opposite its name on Schedule I hereto. The Company also proposes to sell to the Underwriter, at the option of the Underwriter, up to an additional 455,454 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”. This Amended and Restated Underwriting Agreement amends, restates and supersedes in its entirety the underwriting agreement, dated as of April 27, 2021, between the Company and the Underwriter.
