0001047469-12-011309 Sample Contracts

UNDERWRITING AGREEMENT between KIPS BAY MEDICAL, INC. and SUNRISE SECURITIES CORP., as Representative of the Several Underwriters

Underwriting Agreement • December 18th, 2012 • Kips Bay Medical, Inc. • Surgical & medical instruments & apparatus • New York

• Contract Type
  Underwriting Agreement
• Filed
  December 18th, 2012
• Company
  Kips Bay Medical, Inc.
• Industry
  Surgical & medical instruments & apparatus
• Jurisdiction
  New York

The undersigned, Kips Bay Medical, Inc., a corporation formed under the laws of the State of Delaware (the “Company”), hereby confirms its agreement (this “Agreement”) with Sunrise Securities Corp. (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows: