Phathom Pharmaceuticals, Inc. Common Stock, par value $0.0001 per share Pre- Funded Warrants to Purchase Shares of Common Stock Underwriting AgreementUnderwriting Agreement • August 19th, 2024 • Phathom Pharmaceuticals, Inc. • Pharmaceutical preparations
Phathom Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representatives (the “Representatives”) (i) an aggregate of 8,695,652 shares of common stock, par value $0.0001 per share (“Stock”), of the Company (the “Shares”), and (ii) pre-funded warrants to purchase an aggregate of 2,608,922 shares of Stock in the form attached hereto as Annex II (the “Pre-Funded Warrants”). The Shares and the Pre-Funded Warrants to be sold by the Company are collectively referred to as the “Securities.” As used herein, “Warrant Shares” means the shares of Stock issuable upon exercise of the Pre-Funded Warrants.
