COMMON STOCK VOTING AGREEMENTCommon Stock Voting Agreement • January 27th, 2010 • BioScrip, Inc. • Retail-drug stores and proprietary stores • Delaware
COMMON STOCK VOTING AGREEMENT, dated as of January 24, 2010 (this “Agreement”), by and among Critical Homecare Solutions Holdings, Inc., a Delaware corporation (“CHS”), Kohlberg Investors V, L.P. (“Stockholders’ Representative”), Richard H. Friedman, Barry A. Posner, Richard M. Smith and Stanley G. Rosenbaum (each a “Principal Stockholder” and collectively, the “Principal Stockholders”).
THIRD AMENDMENT TO AMENDED AND RESTATED RIGHTS AGREEMENTRights Agreement • January 27th, 2010 • BioScrip, Inc. • Retail-drug stores and proprietary stores • Delaware
THIS THIRD AMENDMENT (this “Amendment”) is made as of January 24th, 2010 between BioScrip, Inc. (f/k/a/ MIM Corporation), a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company LLC, a New York limited liability company (formerly American Stock Transfer & Trust Company) (the “Rights Agent”), this Amendment amends the Amended and Restated Rights Agreement, dated as of December 3, 2002, between the Company and the Rights Agent, as amended on December 13, 2006 and March 4, 2009 (the “Rights Agreement”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Rights Agreement.
