Common Contracts

50 similar Underwriting Agreement contracts by Terreno Realty Corp, AveXis, Inc., Carmike Cinemas Inc, others

Stewart Information Services Corporation 2,631,600 Shares Common Stock, Par Value $1.00 per Share Underwriting Agreement
Underwriting Agreement • August 17th, 2020 • Stewart Information Services Corp • Title insurance • New York

The primary purpose of our professional engagement was not to establish or confirm factual matters or financial, accounting or quantitative information. Furthermore, many determinations involved in the preparation of the Registration Statement, the Disclosure Package and the Prospectus are of a wholly or partially non-legal character or relate to legal matters outside the scope of our opinion separately delivered to you today in respect of certain matters under the laws of the State of New York, the federal laws of the United States of America and the General Corporation Law of the State of Delaware. As a result, we are not passing upon, and do not assume any responsibility for, the accuracy, completeness or fairness of the statements contained in the Registration Statement, the Disclosure Package or the Prospectus, and we have not ourselves checked the accuracy, completeness or fairness of, or otherwise verified, the information furnished in such documents (except to the extent expres

Underwriting Agreement
Underwriting Agreement • January 18th, 2018 • AveXis, Inc. • Biological products, (no disgnostic substances) • New York

AveXis, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”) an aggregate of 3,921,600 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 588,240 additional shares (the “Optional Shares”) of Common Stock, par value $0.0001 (“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”.

Idera Pharmaceuticals, Inc. Common Stock Underwriting Agreement
Underwriting Agreement • October 26th, 2017 • Idera Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York

Idera Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 33,333,334 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 5,000,000 additional shares (the “Optional Shares”) of Common Stock, par value $0.001 (“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”).

KMG Chemicals, Inc. Common Stock, par value $0.01 per share Underwriting Agreement
Underwriting Agreement • October 20th, 2017 • KMG Chemicals Inc • Chemicals & allied products • New York

KMG Chemicals, Inc., a Texas corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 3,000,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 450,000 additional shares (the “Optional Shares”) of Common Stock, par value $0.01 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 referred to as the “Shares”).

Underwriting Agreement
Underwriting Agreement • June 22nd, 2017 • AveXis, Inc. • Biological products, (no disgnostic substances) • New York

AveXis, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”) an aggregate of 3,575,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 536,250 additional shares (the “Optional Shares”) of Common Stock, par value $0.0001 (“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”.

Underwriting Agreement
Underwriting Agreement • March 31st, 2017 • STORE CAPITAL Corp • Real estate investment trusts • New York

STORE Capital Corporation, a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (collectively, the “Underwriters,” and, individually, an “Underwriter”), for whom you are acting as representatives (in such capacity, the “Representatives”), an aggregate of 8,650,000 shares (the “Firm Shares”), and, at the election of the Underwriters, up to 1,297,500 additional shares (the “Optional Shares”), of Common Stock, $0.01 par value per share (“Stock”), of the Company. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares.”

Tesla, Inc. Common Stock, par value $0.001 Underwriting Agreement
Underwriting Agreement • March 17th, 2017 • Tesla, Inc. • Motor vehicles & passenger car bodies • New York

Tesla, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 968,993 shares, par value $0.001, of common stock (“Stock”) of the Company (the “Firm Shares”) and, at the election of the Underwriters, up to 145,348 additional shares (the “Optional Shares”). The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.

Underwriting Agreement
Underwriting Agreement • September 19th, 2016 • Nutanix, Inc. • Services-prepackaged software • New York

Nutanix, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions in this underwriting agreement (this “Agreement”), to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”), for whom Goldman, Sachs & Co. (“Goldman Sachs”), Morgan Stanley & Co. LLC (“Morgan Stanley”) and J.P. Morgan Securities LLC are acting as representatives (the “Representatives”), an aggregate of [ ] shares of Class A common stock, par value $0.000025 per share (“Stock”) of the Company and, at the election of the Underwriters, up to [ ] additional shares of Stock. The aggregate of [ ] shares to be sold by the Company is herein called the “Firm Shares” and the aggregate of up to [ ] additional shares to be sold by the Company is herein called the “Optional Shares.” The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares.” The shares of Class B common

Underwriting Agreement
Underwriting Agreement • May 20th, 2016 • STORE CAPITAL Corp • Real estate investment trusts • New York

STORE Capital Corporation, a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (collectively, the “Underwriters,” and, individually, an “Underwriter”), for whom you are acting as representatives (in such capacity, the “Representatives”), an aggregate of 10,750,000 shares (the “Firm Shares”), and, at the election of the Underwriters, up to 1,612,500 additional shares (the “Optional Shares”), of Common Stock, $0.01 par value per share (“Stock”), of the Company. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares.”

Underwriting Agreement
Underwriting Agreement • May 20th, 2015 • Momenta Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York

Momenta Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 7,250,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 1,087,500 additional shares (the “Optional Shares”) of Common Stock, par value $0.0001 (“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”).

Underwriting Agreement
Underwriting Agreement • April 10th, 2015 • Blueprint Medicines Corp • Pharmaceutical preparations • New York

Blueprint Medicines Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [ · ] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [ · ] additional shares (the “Optional Shares”) of Common Stock, par value $0.001 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”).

Idera Pharmaceuticals, Inc. Common Stock Underwriting Agreement
Underwriting Agreement • February 13th, 2015 • Idera Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York

Idera Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 20,000,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 3,000,000 additional shares (the “Optional Shares”) of Common Stock, par value $0.001 (“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”).

Terreno Realty Corporation Common Stock Underwriting Agreement December 9, 2014
Underwriting Agreement • December 11th, 2014 • Terreno Realty Corp • Real estate • New York

Terreno Realty Corporation, a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom Goldman, Sachs & Co. and KeyBanc Capital Markets Inc. are acting as representatives (together, the “Representatives” or “you”), an aggregate of 8,500,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 1,275,000 additional shares (the “Optional Shares”) of its common stock, par value $0.01 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”).

ZIONS BANCORPORATION UNDERWRITING AGREEMENT 17,617,450 Shares Common Stock (no par value)
Underwriting Agreement • July 31st, 2014 • Zions Bancorporation /Ut/ • National commercial banks • New York
T2 Biosystems, Inc. Common Stock, par value $0.001 per share Underwriting Agreement
Underwriting Agreement • July 28th, 2014 • T2 Biosystems, Inc. • Surgical & medical instruments & apparatus • New York

T2 Biosystems, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ ] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [ ] additional shares (the “Optional Shares”) of Common Stock, par value $0.001 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”.

GLU MOBILE INC. Common Stock ($0.0001 par value per share) Underwriting Agreement
Underwriting Agreement • May 30th, 2014 • Glu Mobile Inc • Services-computer programming services • New York

Glu Mobile Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named in Schedule I hereto (collectively, the “Underwriters”) for whom Cowen and Company, LLC and Stifel, Nicolaus & Company, Incorporated are acting as representatives (in such capacity, the “Representatives”), an aggregate of [ ] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [ ] additional shares (the “Optional Shares”), of common stock, par value $0.0001 per share, of the Company (“Common Stock”). The Firm Shares and the Optional Shares which the Underwriters elect to purchase pursuant to Section 3 hereof are herein collectively called the “Shares.”

Terreno Realty Corporation Common Stock Underwriting Agreement
Underwriting Agreement • May 27th, 2014 • Terreno Realty Corp • Real estate • New York

Terreno Realty Corporation, a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom Goldman, Sachs & Co. and KeyBanc Capital Markets Inc. are acting as representatives (together, the “Representatives” or “you”), an aggregate of 7,000,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 1,050,000 additional shares (the “Optional Shares”) of its common stock, par value $0.01 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”).

Darling International Inc. Common Stock, par value $0.01 per share Underwriting Agreement
Underwriting Agreement • December 13th, 2013 • Darling International Inc • Fats & oils • New York

Darling International Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 40,000,000 shares (the “Firm Shares”) of common stock, par value $0.01 per share (“Stock”) of the Company and, at the election of the Underwriters, up to 6,000,000 additional shares (the “Optional Shares”) of Stock of the Company. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.

TriMas Corporation Common Stock, par value $0.01 per share Underwriting Agreement
Underwriting Agreement • September 16th, 2013 • Trimas Corp • Metal forgings & stampings • New York

TriMas Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representatives (the “Representatives”) an aggregate of 4,500,000 shares and, at the election of the Underwriters, up to 675,000 additional shares of Common Stock, par value $0.01 per share (“Stock”) of the Company. The aggregate of 4,500,000 shares to be sold by the Company is herein called the “Firm Shares” and the aggregate of up to 675,000 additional shares to be sold by the Company is herein called the “Optional Shares.” The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares.”

Carmike Cinemas, Inc. Common Stock, Par Value $0.03 Per Share UNDERWRITING AGREEMENT
Underwriting Agreement • July 31st, 2013 • Carmike Cinemas Inc • Services-motion picture theaters • New York

Carmike Cinemas Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as the representative (the “Representative”) an aggregate of 4,500,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 675,000 additional shares (the “Optional Shares”) of Common Stock, par value $0.03 (“Stock”) of the Company (the Firm Shares and the Optional Shares which the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”).

Form of Underwriting Agreement
Underwriting Agreement • July 25th, 2013 • Envision Healthcare Holdings, Inc. • Services-general medical & surgical hospitals, nec • New York

Envision Healthcare Holdings, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ ] shares and, at the election of the Underwriters, up to [ ] additional shares of Common Stock, $0.01 par value (“Stock”) of the Company. The aggregate of [ ] shares of Stock to be sold by the Company is herein called the “Firm Shares” and the aggregate of [ ] additional shares of Stock to be sold by the Company is herein called the “Optional Shares”. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.

Terreno Realty Corporation Common Stock Underwriting Agreement
Underwriting Agreement • July 15th, 2013 • Terreno Realty Corp • Real estate • New York

Terreno Realty Corporation, a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 5,000,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 750,000 additional shares (the “Optional Shares”) of its common stock, par value $0.01 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”).

Tesla Motors, Inc. Common Stock, par value $0.001 Underwriting Agreement
Underwriting Agreement • May 20th, 2013 • Tesla Motors Inc • Motor vehicles & passenger car bodies • New York

Tesla Motors, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to Goldman, Sachs & Co. (“you” or the “Underwriters”) an aggregate of 3,393,793 shares, par value $0.001 (“Stock”) of the Company (the “Firm Shares”) and, at your election, up to 509,069 additional shares (the “Optional Shares”) of Stock (the Firm Shares and the Optional Shares that the Underwriter elects to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”).

Marin Software Incorporated Common Stock, par value $0.001 per share Underwriting Agreement
Underwriting Agreement • March 15th, 2013 • Marin Software Inc • Services-computer processing & data preparation • New York

Marin Software Incorporated, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ ] shares and, at the election of the Underwriters, up to [ ] additional shares of Common Stock, par value $0.001 per share (“Stock”) of the Company. The aggregate of [ ] shares to be sold by the Company is herein called the “Firm Shares” and the aggregate of [ ] additional shares to be sold by the Company is herein called the “Optional Shares.” The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares.”

Terreno Realty Corporation Common Stock Underwriting Agreement
Underwriting Agreement • February 21st, 2013 • Terreno Realty Corp • Real estate • New York

Terreno Realty Corporation, a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 5,000,000 shares(the “Firm Shares”) and, at the election of the Underwriters, up to 750,000 additional shares (the “Optional Shares”) of its common stock, par value $0.01 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”).

Underwriting Agreement
Underwriting Agreement • November 30th, 2012 • Clean Harbors Inc • Hazardous waste management • New York

Clean Harbors, Inc, a Massachusetts corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 6,000,000 shares (the “Firm Securities”) and, at the election of the Underwriters, up to 900,000 additional shares (the “Optional Securities”) of common stock (“Stock”) of the Company (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Securities”).

Tesla Motors, Inc. Common Stock, par value $0.001 Form of Underwriting Agreement
Underwriting Agreement • September 28th, 2012 • Tesla Motors Inc • Motor vehicles & passenger car bodies • New York

Tesla Motors, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to Goldman, Sachs & Co. (“you” or the “Underwriter”) an aggregate of shares, par value $0.001 (“Stock”) of the Company (the “Firm Shares”) and, at your election, up to additional shares (the “Optional Shares”) of Stock (the Firm Shares and the Optional Shares that the Underwriter elects to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”).

TriMas Corporation Common Stock, par value $0.01 per share Underwriting Agreement
Underwriting Agreement • May 8th, 2012 • Trimas Corp • Metal forgings & stampings • New York

TriMas Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representative (the “Representatives”) an aggregate of 4,000,000 shares and, at the election of the Underwriters, up to 600,000 additional shares of Common Stock, par value $0.01 per share (“Stock”) of the Company. The aggregate of 4,000,000 shares to be sold by the Company is herein called the “Firm Shares” and the aggregate of 600,000 additional shares to be sold by the Company is herein called the “Optional Shares”. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.

Carmike Cinemas, Inc. Common Stock, Par Value $0.03 Per Share UNDERWRITING AGREEMENT
Underwriting Agreement • April 11th, 2012 • Carmike Cinemas Inc • Services-motion picture theaters • New York

Carmike Cinemas Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as the representative (the “Representative”) an aggregate of 4,000,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 600,000 additional shares (the “Optional Shares”) of Common Stock, par value $0.03 (“Stock”) of the Company (the Firm Shares and the Optional Shares which the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”).

BrightSource Energy, Inc. Common Stock, par value $0.0001 Underwriting Agreement
Underwriting Agreement • March 21st, 2012 • BrightSource Energy Inc • Electric services • New York

BrightSource Energy, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ ] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [ ] 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”).

GCT Semiconductor, Inc. Common Stock, par value $0.001 per share Underwriting Agreement
Underwriting Agreement • February 15th, 2012 • GCT Semiconductor Inc • Semiconductors & related devices • New York

GCT Semiconductor, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ ] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [ ] additional shares (the “Optional Shares”) of Common Stock (“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”).

Terreno Realty Corporation Common Stock Underwriting Agreement
Underwriting Agreement • January 11th, 2012 • Terreno Realty Corp • Real estate • New York

Terreno Realty Corporation, a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 4,000,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 600,000 additional shares (the “Optional Shares”) of its common stock, par value $0.01 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”).

Underwriting Agreement
Underwriting Agreement • March 30th, 2011 • Universal Display Corp \Pa\ • Electronic components & accessories • New York

Goldman, Sachs & Co., As representative of the several Underwriters named in Schedule I hereto, c/o Goldman, Sachs & Co. 200 West Street, New York, New York 10282

Exelixis, Inc. Common Stock Underwriting Agreement
Underwriting Agreement • March 10th, 2011 • Exelixis Inc • Services-commercial physical & biological research • New York

Exelixis, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 15,000,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 2,250,000 additional shares (the “Optional Shares”) of Common Stock, par value $0.001 per share (the “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”).

Underwriting Agreement
Underwriting Agreement • November 5th, 2010 • Aeroflex Holding Corp. • Semiconductors & related devices • New York

Aeroflex Holding Corp., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of shares of common stock, $0.01 par value (the “Stock”), of the Company, and, at the election of the Underwriters, up to additional shares of Stock. The aggregate of shares of Stock to be sold by the Company is herein called the “Firm Shares,” and the aggregate of additional shares of Stock to be sold by the Company is herein called the “Optional Shares.” The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares.”