0001193125-23-152946 Sample Contracts

Phathom Pharmaceuticals, Inc. Common Stock, par value $0.0001 per share Underwriting Agreement
Underwriting Agreement • May 24th, 2023 • Phathom Pharmaceuticals, Inc. • Pharmaceutical preparations

Phathom Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representatives (the “Representatives”) an aggregate of 11,125,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 1,668,750 additional shares (the “Optional Shares”) of common stock, par value $0.0001 per share (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).

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