PolarityTE, Inc. 2,972,973 Shares of Common Stock (par value $0.001 per share) Underwriting AgreementUnderwriting Agreement • April 11th, 2019 • Polarityte, Inc. • Biological products, (no disgnostic substances) • New York
Contract Type FiledApril 11th, 2019 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 2,972,973 shares of its common stock, par value $0.001 per share (the “Shares”). The 2,972,973 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 445,945 Shares as provided in Section 2. The additional 445,945 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. 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 Schedule A, the