UNDERWRITING AGREEMENTUnderwriting Agreement • January 20th, 2015 • Tracon Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York
TRACON Pharmaceuticals, Inc., a Delaware corporation (the “Company”) confirms its agreement with Wells Fargo Securities, LLC (“Wells Fargo”), Stifel, Nicolaus & Company, Incorporated (“Stifel”) and each of the other Underwriters named in Exhibit A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Wells Fargo and Stifel are acting as representatives (in such capacity, the “Representatives”), with respect to the issue and sale by the Company of a total of [·] shares (the “Initial Securities”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of Initial Securities set forth in said Exhibit A hereto, and with respect to the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all
LICENSE AGREEMENTLicense Agreement • January 20th, 2015 • Tracon Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • California
· Supply terms on this Exhibit D only pertain to supply of TRC105 drug substance (“Drug Substance”) for […***…], and do not apply to supply of […***…], or for supply of Drug Substance for […***…]. Santen will be responsible for finding a […***…] manufacturer (but Tracon can assist in this process)
