Underwriting AgreementUnderwriting Agreement • January 27th, 2017 • BioAmber Inc. • Industrial organic chemicals • New York
BioAmber Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters signatory hereto and named in Schedule I hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), an aggregate of 3,684,212 combinations each consisting of one share (the “Firm Shares”) of Common Stock, par value $0.01 per share (“Stock”), of the Company and one half of a warrant to purchase Stock as set forth in the Prospectus (as defined herein) (the “Firm Warrants”). The Firm Shares and the Option Shares (as defined herein) that that the Underwriters elect to purchase pursuant to Section 2 hereof are also sometimes collectively referred to as the “Shares” and the Firm Warrants and the Option Warrants (as defined herein) are also sometimes collectively referred to herein as the “Warrants”. The Shares and the Warrants are sometimes referred to as the “Securities”. To the extent there are no addit
COMMON STOCK PURCHASE WARRANTCommon Stock Purchase • January 27th, 2017 • BioAmber Inc. • Industrial organic chemicals • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after January__________, 2017 (the “Initial Exercise Date”) and on or prior to 5:30 pm New York City time on January ______, 2021 unless the same is extended pursuant to Section 5(l) at the sole option of the Company (defined below) (the “Termination Date”) but not thereafter, to subscribe for and purchase from BioAmber Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
