Common Stock Underwriting Agreement Sample Contracts

MESA AIR GROUP, INC. Common Stock UNDERWRITING AGREEMENT (August 14th, 2018)
Kilroy Realty, L.P. – KILROY REALTY CORPORATION Common Stock UNDERWRITING AGREEMENT Dated August 8, 2018 Barclays Capital Inc. Citigroup Global Markets Inc. (August 13th, 2018)
Ampio Pharmaceutical – AMPIO PHARMACEUTICALS, INC. (A Delaware Corporation) 20,000,000 Shares of Common Stock and Warrants to Purchase Up to 20,000,000 Shares of Common Stock UNDERWRITING AGREEMENT (August 13th, 2018)
Pacific City Financial Corp – 2,385,000 Shares PACIFIC CITY FINANCIAL CORPORATION Common Stock UNDERWRITING AGREEMENT (August 10th, 2018)
ZOGENIX, INC. 6,000,000 Shares Common Stock UNDERWRITING AGREEMENT (August 8th, 2018)
ARLO TECHNOLOGIES, INC. (A Delaware Corporation) 10,215,000 Shares of Common Stock UNDERWRITING AGREEMENT (August 7th, 2018)
Arlo Technologies, Inc. – ARLO TECHNOLOGIES, INC. (A Delaware Corporation) 10,215,000 Shares of Common Stock UNDERWRITING AGREEMENT (August 7th, 2018)
MESA AIR GROUP, INC. Common Stock UNDERWRITING AGREEMENT (August 6th, 2018)
Pacific City Financial Corp – [ ] Shares PACIFIC CITY FINANCIAL CORPORATION Common Stock UNDERWRITING AGREEMENT (August 2nd, 2018)
Adamis Pharmaceuticl – 11,666,667 Shares* Adamis Pharmaceuticals Corporation Common Stock UNDERWRITING AGREEMENT (August 2nd, 2018)
Focus Financial Partners Inc. – FOCUS FINANCIAL PARTNERS INC. (A Delaware Corporation) 16,216,217 Shares of Class a Common Stock UNDERWRITING AGREEMENT (July 31st, 2018)

Focus Financial Partners Inc., a Delaware corporation (the Company), and Focus Financial Partners, LLC, a Delaware limited liability company (the Operating LLC), agree with Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch), Goldman Sachs & Co. LLC (Goldman) 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 whom Merrill Lynch and Goldman are acting as representatives (in such capacity, the Representatives), with respect to (i) the issuance and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Class A Common Stock, par value $0.01 per share, of the Company (Class A 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) here

Smart Server, Inc – Up to 2,025,000 Shares RUMBLEON, INC. Class B Common Stock UNDERWRITING AGREEMENT (July 20th, 2018)
Berry Petroleum Corp – Berry Petroleum Corporation Common Stock Underwriting Agreement (July 16th, 2018)
Acelrx Pharmaceuticals – 7,272,727 Shares ACELRX PHARMACEUTICALS, INC. Common Stock UNDERWRITING AGREEMENT (July 13th, 2018)
ADESTO TECHNOLOGIES Corp – 6,700,000 Shares ADESTO TECHNOLOGIES CORPORATION Common Stock UNDERWRITING AGREEMENT (July 11th, 2018)
Coastal Financial Corp – Common Stock UNDERWRITING AGREEMENT (July 10th, 2018)
First Western Financial Inc – FIRST WESTERN FINANCIAL, INC. Common Stock UNDERWRITING AGREEMENT (July 9th, 2018)
Constellation Pharmaceuticals Inc – CONSTELLATION PHARMACEUTICALS, INC. [*] Shares of Common Stock Underwriting Agreement (July 9th, 2018)
Focus Financial Partners Inc. – FOCUS FINANCIAL PARTNERS INC. (A Delaware Corporation) [ ] Shares of Class a Common Stock UNDERWRITING AGREEMENT (June 29th, 2018)

Focus Financial Partners Inc., a Delaware corporation (the Company), and Focus Financial Partners, LLC, a Delaware limited liability company (the Operating LLC), agree with Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch), Goldman Sachs & Co. LLC (Goldman) 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 whom Merrill Lynch and Goldman are acting as representatives (in such capacity, the Representatives), with respect to (i) the issuance and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Class A Common Stock, par value $0.01 per share, of the Company (Class A 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) here

Senseonics Holdings, Inc. – 33,110,053 Shares Senseonics Holdings, Inc. Common Stock Underwriting Agreement (June 28th, 2018)
First Mid-Illinois Bancshares, Inc. – 823,799 Shares FIRST MID-ILLINOIS BANCSHARES, INC. Common Stock UNDERWRITING AGREEMENT (June 15th, 2018)

First Mid-Illinois Bancshares, Inc., a Delaware corporation (the "Company"), proposes to issue and sell to the several underwriters named in Schedule A hereto (the "Underwriters") pursuant to the terms set forth herein (this "Agreement") an aggregate of 823,799 shares (the "Firm Shares") of the Company's common stock, par value $4.00 per share (the "Common Stock"). The Company also granted to the Underwriters an option to purchase up to an additional 123,569 shares of Common Stock (the "Option Shares"). The Firm Shares and the Option Shares are hereinafter referred to collectively as the "Shares." FIG Partners, LLC ("FIG") has agreed to act as representative of the several Underwriters (in such capacity, the "Representative") in connection with the offering and sale of the Shares. To the extent there are no additional underwriters listed on Schedule A, the term "Representative" as used herein shall mean you, as Underwriter, and the term "Underwriters" shall mean either the singular or

Immunomedics, Inc. – IMMUNOMEDICS, INC. 11,500,000 Shares of Common Stock UNDERWRITING AGREEMENT (June 15th, 2018)
Brighthouse Financial, Inc. – BRIGHTHOUSE FINANCIAL, INC. [23,155,117] Shares of Common Stock Underwriting Agreement (June 12th, 2018)
Adma Biologics, Inc. – 8,368,200 Shares* ADMA Biologics, Inc. Common Stock UNDERWRITING AGREEMENT (June 8th, 2018)
Verrica Pharmaceuticals Inc. – VERRICA PHARMACEUTICALS INC. (A Delaware Corporation) [*] Shares of Common Stock UNDERWRITING AGREEMENT (June 5th, 2018)
VERICEL CORPORATION (A Michigan Corporation) 5,000,000 Shares of Common Stock UNDERWRITING AGREEMENT (June 1st, 2018)
MyoKardia Inc – MYOKARDIA, INC. 3,750,000 Shares of Common Stock Underwriting Agreement (May 23rd, 2018)
Neothetics, Inc. – Evofem Biosciences, Inc. [] Shares and Pre-Funded Warrants to Purchase [*] Shares of Common Stock and Warrants to Purchase [*] Shares of Common Stock Underwriting Agreement (May 16th, 2018)
Warrior Met Coal, Llc – WARRIOR MET COAL, INC. (A Delaware Corporation) 8,000,000 Shares of Common Stock UNDERWRITING AGREEMENT (May 11th, 2018)

Warrior Met Coal, Inc., a Delaware corporation (the Company), and the stockholders of the Company listed on Schedule B hereto (collectively, the Selling Stockholders) confirm their respective agreements with the several 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 whom Credit Suisse Securities (USA) LLC is acting as representative (in such capacity, the Representative), with respect to the sale by the Selling Stockholders, acting severally and not jointly, and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of the Companys common stock, par value $0.01 per share (Common Stock), set forth in Schedules A and B hereto. The aforesaid 8,000,000 shares of Common Stock to be purchased by the Underwriters are hereinafter called the Securities. If the only firms listed in Schedule A hereto are the Represe

PPL CORPORATION 55,000,000 Shares of Common Stock UNDERWRITING AGREEMENT (May 11th, 2018)
Spire Inc. 2,000,000 Shares of Common Stock UNDERWRITING AGREEMENT (May 10th, 2018)
Carvana Co. – CARVANA CO. 11,000,000 Shares of Class a Common Stock UNDERWRITING AGREEMENT (May 1st, 2018)
Carvana Co. – CARVANA CO. [10,000,000] Shares of Class a Common Stock UNDERWRITING AGREEMENT (April 23rd, 2018)
Goosehead Insurance, Inc. – Goosehead Insurance, Inc. [*] Shares of Class a Common Stock Underwriting Agreement (April 17th, 2018)
Level One Bancorp Inc – [ ] Shares(1) LEVEL ONE BANCORP, INC. Common Stock UNDERWRITING AGREEMENT (April 12th, 2018)