Achillion Pharmaceuticals, Inc. Common Stock, $0.001 par value Underwriting AgreementUnderwriting Agreement • November 16th, 2017 • Achillion Pharmaceuticals Inc • Pharmaceutical preparations • New York
The stockholder named in Schedule II hereto (the “Selling Stockholder”) of Achillion Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to sell to the underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 18,367,346 shares of common stock, $0.001 par value (the “Stock”), of the Company (the “Shares”).
November 14, 2017Letter Agreement • November 16th, 2017 • Achillion Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
As an example, if the File-to-Offer Discount is equal to 7.0% and the aggregate gross offering price of such Underwritten Offering is equal to $70,000,000, then the Achillion Coverage Fee Percentage would be equal to 0.0300, and the Company would pay Selling Expenses in an amount equal to $2,100,000 for such first Underwritten Offering. For the avoidance of doubt, the Company shall not be required to pay any Selling Expenses for such Underwritten Offering if the File-to-Offer Discount is less than 5.0%.
