•] Shares LightPath Technologies, Inc. Class A Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • December 6th, 2016 • Lightpath Technologies Inc • Semiconductors & related devices • New York
LightPath Technologies, Inc., a Delaware corporation (the “Company”), confirms its agreement, subject to the terms and conditions set forth herein, with each of the underwriters listed on Schedule A hereto (collectively, the “Underwriters”), for whom Roth Capital Partners, LLC is acting as representative (in such capacity, the “Representative”), to sell and issue to the Underwriters an aggregate of [•] authorized but unissued shares (the “Firm Shares”) of Class A common stock, par value $0.01 per share (the “Common Stock”), of the Company. The Company also proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters up to [•] shares of Common Stock (the “Additional Shares”), if and to the extent that the Underwriters shall have determined to exercise the right to purchase Additional Shares granted to the Underwriters in Section 4(b) hereof. The Firm Shares and Additional Shares are collectively referred to as the “Shares” or the “Securities”.
