0001193125-09-114394 Sample Contracts

2,000,000 Shares MAXWELL TECHNOLOGIES, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • May 19th, 2009 • Maxwell Technologies Inc • Miscellaneous electrical machinery, equipment & supplies • California

Maxwell Technologies, Inc., a Delaware corporation (the “Company”) proposes, subject to the terms and conditions stated herein, to issue and sell to Roth Capital Partners, LLC (the “Underwriter”) an aggregate of 2,000,000 authorized but unissued shares (the “Underwritten Shares”) of Common Stock, $0.10 par value per share (the “Common Stock”), of the Company and to grant the Underwriter the option to purchase an aggregate of up to 300,000 additional shares (the “Additional Shares”) as may be necessary to cover over-allotments made in connection with the offering of the Underwritten Shares. The Underwritten Shares and Additional Shares are collectively referred to as the “Shares.”

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