0001193125-19-312836 Sample Contracts

37,150,000 SHARES OF COMMON STOCK OF CONTRAFECT CORPORATION UNDERWRITING AGREEMENT
Underwriting Agreement • December 12th, 2019 • CONTRAFECT Corp • Pharmaceutical preparations • New York

The undersigned, ContraFect Corporation, a company incorporated under the laws of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of ContraFect Corporation, the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Maxim Group LLC is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.

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STOCK PURCHASE AGREEMENT
Stock Purchase Agreement • December 12th, 2019 • CONTRAFECT Corp • Pharmaceutical preparations • New York

THIS STOCK PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of December 9, 2019 (the “Signing Date”), by and between ContraFect Corporation, a Delaware corporation (the “Company”), and Pfizer Inc., a Delaware corporation (the “Purchaser”).

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