2,325,000 Shares Beyond Air, Inc. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • December 12th, 2019 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • New York
Beyond Air, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 2,325,000 shares (the “Firm Shares”) of common stock, $0.0001 par value per share (the “Common Stock”), of the Company. The Firm Shares consist of 2,325,000 authorized but unissued shares of Common Stock to be issued and sold by the Company. The Company has also granted to the several Underwriters an option to purchase up to an aggregate of 348,750 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 Underwriting Agreement are herein collectively called the “Securities.”
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • December 12th, 2019 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • New York
COMMON STOCK PURCHASE AGREEMENT (the “Agreement”), dated as of December 10, 2019 by and between Beyond Air, Inc., a Delaware corporation (the “Company”), and the buyers listed on the Schedule of Buyers attached hereto as Exhibit A (individually, the “Buyer” and collectively, the “Buyers”). Capitalized terms used herein and not otherwise defined herein are defined in Section 7 hereof.
