FREESEAS INC. (a Marshall Islands corporation) 8,731,436 Shares of Common Stock, Par Value $0.001 Per Share UNDERWRITING AGREEMENTUnderwriting Agreement • July 23rd, 2009 • FreeSeas Inc. • Deep sea foreign transportation of freight • New York
FreeSeas Inc., a Marshall Islands corporation (the “Company”), confirms its agreement with Dahlman Rose & Co., LLC (“Dahlman Rose”) and Rodman & Renshaw, LLC (together, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Dahlman Rose is acting as Representative (in such capacity, the “Representative”), with respect to the issue and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of an aggregate of 8,731,436 shares of common stock, par value $0.001 per share, of the Company (“Common Stock”) in the respective amounts listed opposite each Underwriters name in Schedule A hereto, and with respect to the grant by the Company to the Underwriters, acting severally and not jointly, of the over-allotment option described in Section 2(b) hereof to purchase all or any part of 1,309,715 additional shares of Common Stock to cover over-allotments, if any. The aforesaid 8,731,4
