Common Contracts

31,489,429 Shares of Common Stock 1,515 Shares of Series A Convertible Preferred Stock (Convertible Into 4,328,571 Shares of Common Stock) Warrants to Purchase 26,863,501 Shares of Common Stock BIOPHARMX CORPORATION UNDERWRITING AGREEMENT

Underwriting Agreement • November 22nd, 2016 • BioPharmX Corp • Pharmaceutical preparations • New York

• Contract Type
  Underwriting Agreement
• Filed
  November 22nd, 2016
• Company
  BioPharmX Corp
• Industry
  Pharmaceutical preparations
• Jurisdiction
  New York

BioPharmX Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to Roth Capital Partners, LLC, as representative (the “Representative”) of the several underwriters named in Schedule I hereto (each, the “Underwriter”) (i) an aggregate of 31,489,429 authorized but unissued shares (the “Firm Shares”) of Common Stock, par value $0.001 per share of the Company (the “Common Stock”), (ii) an aggregate of 1,515 authorized but unissued shares of the Company’s Series A Convertible Preferred Stock, par value $0.001 per share of the Company, having the rights, preferences and privileges set forth in the Certificate of Designation in the form of Exhibit A hereto (the “Preferred Shares”), and (iii) warrants (the “Firm Warrants”) to purchase up to an aggregate of 26,863,501 shares of Common Stock of the Company (the “Firm Warrant Shares”). For purposes of this Agreement, the shares of Common Stock issuable upon conversion o

] Shares of Common Stock [ ] Shares of Series A Convertible Preferred Stock (Convertible Into [ ] Shares of Common Stock) Warrants to Purchase [ ] Shares of Common Stock (Exercisable for [ ] Shares of Common Stock) BIOPHARMX CORPORATION UNDERWRITING...

Underwriting Agreement • November 18th, 2016 • BioPharmX Corp • Pharmaceutical preparations • New York

• Contract Type
  Underwriting Agreement
• Filed
  November 18th, 2016
• Company
  BioPharmX Corp
• Industry
  Pharmaceutical preparations
• Jurisdiction
  New York

BioPharmX Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to Roth Capital Partners, LLC, as representative (the “Representative”) of the several underwriters named in Schedule I hereto (each, the “Underwriter”) (i) an aggregate of [ ] authorized but unissued shares (the “Firm Shares”) of Common Stock, par value $0.001 per share of the Company (the “Common Stock”), (ii) an aggregate of [ ] authorized but unissued shares of the Company’s Series A Convertible Preferred Stock, par value $0.001 per share of the Company, having the rights, preferences and privileges set forth in the Certificate of Designation in the form of Exhibit A hereto (the “Preferred Shares”), and (iii) warrants (the “Firm Warrants”) to purchase up to an aggregate of [ ] shares of Common Stock of the Company (the “Firm Warrant Shares”). For purposes of this Agreement, the shares of Common Stock issuable upon conversion of the Preferred