8,400,000 Shares1 Apollo Endosurgery, Inc. Common Stock PURCHASE AGREEMENTPurchase Agreement • October 14th, 2021 • Apollo Endosurgery, Inc. • Surgical & medical instruments & apparatus • New York
Apollo Endosurgery, Inc., a Delaware corporation (the “Company”) proposes to sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 8,400,000 shares (the “Firm Shares”) of Common Stock, $0.001 par value per share (the “Common Stock”), of the Company. The Company has also granted to the several Underwriters an option to purchase up to 1,260,000 additional shares of Common Stock on the terms and for the purposes set forth in Section 3 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Purchase Agreement (this “Agreement”) are herein collectively called the “Securities.”
