PEREGRINE PHARMACEUTICALS, Inc. 700,000 Shares (Plus up an Option to Purchase up to 105,000 Shares to Cover Overallotments) UNDERWRITING AGREEMENTUnderwriting Agreement • February 12th, 2014 • Peregrine Pharmaceuticals Inc • Pharmaceutical preparations • New York
Peregrine Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions of this Underwriting Agreement (this “Agreement”), to issue and sell to the several Underwriters named in Schedule IV hereto (the “Underwriters”), for whom MLV & Co. LLC is acting as representative (the “Representative”), an aggregate of 700,000 shares (the “Firm Shares”) of the Company’s 10.50% Series E Convertible Preferred Stock, par value $0.001 per share (the “Preferred Stock”). The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 2 hereof, up to an additional 105,000 shares of Preferred Stock (the “Option Shares”) as may be necessary to cover overallotments made in connection with the offering of the Firm Shares. The Firm Shares and the Option Shares are hereinafter collectively referred to as the “Securities”.
