PolarityTE, Inc. 2,135,550 Shares of Common Stock (par value $0.001 per share) Underwriting AgreementUnderwriting Agreement • June 7th, 2018 • Polarityte, Inc. • Biological products, (no disgnostic substances) • New York
Contract Type FiledJune 7th, 2018 Company Industry JurisdictionPolarityTE, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) an aggregate of 2,135,550 shares of its common stock, par value $0.001 per share (the “Shares”). The 2,135,550 Shares to be sold by the Company are called the “Firm Shares.” In addition, the Company has granted to the Underwriters an option to purchase up to an additional 320,332 Shares as provided in Section 2. The additional 320,332 Shares to be sold by the Company pursuant to such option are collectively called the “Optional Shares.” The Firm Shares and, if and to the extent such option is exercised, the Optional Shares, are collectively called the “Offered Shares.” Cantor Fitzgerald & Co. (“CF&CO”) has agreed to act as representative of the several Underwriters (in such capacity, the “Representative”) in connection with the offering and sale of the Offered Shares. To the extent there are no additional underwriters listed on Sched