FORM OF UNDERWRITING AGREEMENT BIOLASE, INC.Underwriting Agreement • January 3rd, 2023 • Biolase, Inc • Dental equipment & supplies • New York
Biolase, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters” or each, an “Underwriter”) an aggregate of (x) [•] shares (each a “Firm Share” and collectively, the “Firm Share”) of common stock, par value $0.001 per share, of the Company (the “Common Stock”) and (y) [•] pre-funded common stock purchase warrants of the Company (each a “Firm Pre-Funded Warrant” and collectively, the “Firm Pre-Funded Warrants”), with each Firm Pre-Funded Warrant exercisable to purchase one share of Common Stock at an exercise price of $0.01 per share. The Firm Shares and the Firm Pre-Funded Warrants are collectively referred to herein as the “Firm Securities”. The Company also proposes to sell to the Underwriters in any combination, at the option of the Representative, up to an additional (i) [•] shares of Common Stock (the “Option Shares” and, collectively with the Firm Shares, the “Shares”), and (ii) [•] pre-fu
