0001213900-23-067420 Sample Contracts

TFF PHARMACEUTICALS, inc. 19,896,000 SHARES OF COMMON STOCK UNDERWRITING AGREEMENT
Underwriting Agreement • August 15th, 2023 • TFF Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

TFF Pharmaceuticals, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to The Benchmark Company, LLC (the “Underwriter”), an aggregate of 19,896,000 authorized but unissued shares (the “Firm Shares”) and, at the election of the Underwriter, up to 2,984,400 additional shares (the “Additional Shares”), in each case of common stock, par value $0.001 per share (the “Common Stock”) of the Company, in an offering under its registration statement on Form S-3 (File No. 333-249870) (the Firm Shares and the Additional Shares being collectively called the “Shares”).

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