SHARES OF COMMON STOCK, ________ SHARES OF SERIES A CONVERTIBLE PREFERRED STOCK (CONVERTIBLE INTO _________ SHARES OF COMMON STOCK) AND WARRANTS EXERCISABLE INTO ________ SHARES OF COMMON STOCK OF YIELD10 BIOSCIENCE, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • December 11th, 2017 • Yield10 Bioscience, Inc. • Miscellaneous plastics products • New York
The undersigned, Yield10 Bioscience, Inc., a company incorporated under the laws of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of Yield10 Bioscience, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Ladenburg Thalmann & Co. Inc. is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
