ARRAY BIOPHARMA INC. Common Stock Equity Distribution AgreementEquity Distribution Agreement • September 18th, 2009 • Array Biopharma Inc • Pharmaceutical preparations • New York
Array BioPharma Inc., a Delaware corporation (the “Company”), proposes to issue and sell through or to Piper Jaffray & Co. (the “Agent”), as sales agent and/or principal, shares of Common Stock, $0.001 par value per share (the “Common Stock”), of the Company having an aggregate offering price of up to $25,000,000 (the “Shares”) on terms set forth herein. The Company agrees that whenever it determines to sell the Shares directly to the Agent as principal, it will enter into a separate agreement (each, a “Terms Agreement”) in substantially the form of Annex A hereto, relating to such sale in accordance with this Agreement. The Shares consist entirely of authorized but unissued shares of Common Stock to be issued and sold by the Company.
