0001144204-17-022452 Sample Contracts

OCEAN POWER TECHNOLOGIES, INC. UNDERWRITING AGREEMENT 5,385,000 Shares of Common Stock
Underwriting Agreement • April 27th, 2017 • Ocean Power Technologies, Inc. • Electric services • New York

Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriters named in Schedule I hereto (the “Underwriters,” or each, an “Underwriter”), for whom Aegis Capital Corp. is acting as representative (the “Representative”), an aggregate of 5,385,000 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.001 per share (the “Common Stock”), of the Company. The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 4 hereof, up to an additional 807,750 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter collectively referred to as the “Shares”.

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