0001193125-04-215108 Sample Contracts

3,000,000 Shares Niku Corporation Common Stock ($0.0001 Par Value) UNDERWRITING AGREEMENT
Underwriting Agreement • December 17th, 2004 • Niku Corp • Services-prepackaged software • New York

Niku Corporation, a Delaware corporation (the “Company”), and certain stockholders of the Company (the “Selling Stockholders”) propose to sell to the several underwriters (the “Underwriters”) named in Schedule I hereto for whom you are acting as representatives (the “Representatives”) an aggregate of 3,000,000 shares of the Company’s Common Stock, $0.0001 par value (the “Firm Shares”), of which 1,608,778 shares will be sold by the Company and 1,391,222 shares will be sold by the Selling Stockholders. The respective amounts of the Firm Shares to be so purchased by the several Underwriters are set forth opposite their names in Schedule I hereto, and the respective amounts to be sold by the Selling Stockholders are set forth opposite their names in Schedule II hereto. The Company and the Selling Stockholders are sometimes referred to herein collectively as the “Sellers.” The Company also proposes to sell at the Underwriters’ option an aggregate of up to 450,000 additional shares of the Co

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