0001014739-09-000006 Sample Contracts

SECOND AMENDMENT TO AMENDED AND RESTATED RIGHTS AGREEMENT
Rights Agreement • March 4th, 2009 • BioScrip, Inc. • Retail-drug stores and proprietary stores • Delaware

THIS SECOND AMENDMENT (this “Amendment”) is made as of March 4, 2009 between Bioscrip, Inc. (f/k/a/ MIM Corporation), a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, a New York corporation (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 (the “Rights Agreement”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Rights Agreement.

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