0001570562-21-000126 Sample Contracts

EVOLUS, INC. (a Delaware corporation) 9,000,000 Shares of Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • April 26th, 2021 • Evolus, Inc. • Pharmaceutical preparations • New York

Evolus, Inc., a Delaware corporation (the “Company”), confirms its agreement with SVB Leerink LLC (“SVB Leerink”), Stifel, Nicolaus & Company, Incorporated (“Stifel”), Cantor Fitzgerald & Co. (“CF&Co.”), and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for which SVB Leerink, Stifel and CF&Co. are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of common stock, par value $0.00001 per share, of the Company (“Common Stock”) set forth in Schedule A hereto and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of 1,350,000 additional shares of Common Stock. The af

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