IsoRay, Inc. Common Stock UNDERWRITING AGREEMENTCommon Stock • October 13th, 2011 • IsoRay, Inc. • Surgical & medical instruments & apparatus • New York
IsoRay, Inc., a Minnesota corporation (the “Company”), proposes to sell to you and other firms and corporations named in Schedule A attached hereto (the “Underwriters”), for which you are acting as representatives (“Representatives”) on a best efforts, all-or-none basis, 2,500,000 shares (the “Initial Shares”) of the Company’s Common Stock, par value $0.001 per share (“Common Stock”) and warrants (“Warrants”). The Company also proposes to sell, at the Underwriters’ option (the “Over-allotment Option”), an aggregate of up to 1,027,173 additional shares of Common Stock and Warrants (the “Option Shares”) as provided herein. The Initial Shares and the Option Shares (to the extent the aforementioned option is exercised) and the Warrants are hereinafter collectively referred to as the “Shares.”
ISORAY, INC. COMMON STOCK PURCHASE WARRANT No._____Common Stock Purchase • October 13th, 2011 • IsoRay, Inc. • Surgical & medical instruments & apparatus • New York
This Warrant is issued as part of the offering contemplated by that certain Underwriting Agreement between the Company and certain "Underwriters" thereunder, dated as of October 13, 2011 (the "Agreement"), pursuant to which certain purchasers, including the Holder, purchased Common Stock and Warrants of the Company.
