16,000,000 Shares BioSante Pharmaceuticals, Inc. Common Stock, $0.0001 Par Value per Share UNDERWRITING AGREEMENTUnderwriting Agreement • July 28th, 2011 • Biosante Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
Introductory. BioSante Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) an aggregate of 16,000,000 shares of its common stock, par value $0.0001 per share (the “Common Stock”). The 16,000,000 shares of Common Stock to be sold by the Company are collectively called the “Firm Shares.” In addition, the Company has granted to the Underwriters an option to purchase up to an additional 2,400,000 shares of Common Stock as provided in Section 2. The additional 2,400,000 shares of Common Stock to be sold by the Company pursuant to such option are collectively called the “Optional Shares.” The Firm Shares and, if and to the extent such option is exercised, the Optional Shares are collectively called the “Offered Shares.” Jefferies & Company, Inc. (“Jefferies”) has agreed to act as representative of the several Underwriters (in such capacity, the “Representative”) in connection with the o
