Common Stock BIOTA PHARMACEUTICALS, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • January 10th, 2014 • Biota Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York
Biota Pharmaceuticals, Inc., a corporation organized and existing under the laws of the State of Delaware (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriter named in Schedule I hereto (the “Underwriter”) an aggregate of 5,813,900 shares (the “Firm Shares”) of its common stock, par value $0.10 per share (the “Common Stock”). The Company also proposes to issue and sell to the Underwriter up to an additional 872,085 shares (the “Additional Shares”) of Common Stock at the option of the Underwriter as provided in Section 2(c) below. The Firm Shares and any Additional Shares purchased by the Underwriter are referred to herein as the “Shares”. Guggenheim Securities, LLC (“Guggenheim”) is acting as representative (the “Representative”) of the Underwriter in connection with the offering and sale of the Shares contemplated herein (the “Offering”).
