4,800,000 Shares VICURON PHARMACEUTICALS INC. COMMON STOCK, $0.001 PAR VALUE PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • October 1st, 2004 • Vicuron Pharmaceuticals Inc • Pharmaceutical preparations • New York
VICURON PHARMACEUTICALS INC., a Delaware corporation (the “Company”), proposes to issue and sell to MORGAN STANLEY & CO. INCORPORATED (the “Underwriter”) 4,800,000 shares of its common stock, $0.001 par value per share (the “Firm Shares”). The Company also proposes to issue and sell to you not more than an additional 720,000 shares of its common stock, $0.001 par value per share (the “Additional Shares”), if and to the extent that you shall have determined to exercise the right to purchase such shares of common stock granted to you in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The shares of common stock, $0.001 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock.”
