EX-1.1
from 8-K
~5
pages
The Purpose of This Letter Agreement (The “Agreement”) Is to Set Forth the Terms and Conditions Pursuant to Which Rodman & Renshaw, LLC. (“R&R”) Shall Introduce Avi Biopharma, Inc. (The “Company”) to One or More Investors in Connection With the Proposed Offering (The “Offering”) of Securities (The “Securities”) of the Company. the Gross Proceeds From the Offering Will Be Up to $27,000,000. the Terms of Such Offering and the Securities Shall Be Mutually Agreed Upon by the Company and the Investor(s). R&R’S Engagement Under This Agreement Shall Be Exclusive Until the Earlier of (I) the Completion of the Offering or (II) December 31, 2005. the Identities of the Investors to Which R&R Introduces the Company Shall Be Proprietary Information of R&R and Shall Not Be Divulged to Third Parties by the Company, Nor Used by the Company Outside the Scope of R&R’S Engagement as Described Herein
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EX-1
from SC 13G/A
1 page
Exhibit 1 Joint Filing Agreement This Will Confirm the Agreement by and Among the Undersigned That the Schedule 13g/a Filed With the Securities and Exchange Commission on or About the Date Hereof With Respect to the Beneficial Ownership by the Undersigned of the Common Stock of Avi Biopharma, Inc. Is Being Filed, and All Amendments Thereto Will Be Filed, on Behalf of Each of the Persons and Entities Named Below in Accordance With Rule 13d-1(k) Under the Securities Exchange Act of 1934, as Amended. This Agreement May Be Executed in Two or More Counterparts, Each of Which Shall Be Deemed an Original, but All of Which Together Shall Constitute One and the Same Instrument. Dated: February 11, 2005 Smithfield Fiduciary LLC By: /S/ Howard Feitelberg Howard Feitelberg, Director Highbridge International LLC By: /S/ Howard Feitelberg Howard Feitelberg, Director Highbridge Capital Corporation By: /S/ Howard Feitelberg Howard Feitelberg, Controller Highbridge Capital Management, LLC By: /S/ Ronald S. Resnick Ronald S. Resnick, Managing Partner /S/ Glenn Dubin - Glenn Dubin /S/ Henry Swieca - Henry Swieca
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