UNDERWRITING AGREEMENT between MILLSTREAM ACQUISITION CORPORATION and EARLYBIRDCAPITAL, INC. Dated: , 2003Underwriting Agreement • June 27th, 2003 • Millstream Acquisition Corp • Blank checks • New York
The undersigned, Millstream Acquisition Corporation, a Delaware corporation ("Company"), hereby confirms its agreement with EarlyBirdCapital, Inc. (being referred to herein variously as "you," "EBC" or the "Representative") and with the other underwriters named on Schedule I hereto for which EBC is acting as Representative (the Representative and the other Underwriters being collectively called the "Underwriters" or, individually, an "Underwriter") as follows:
WARRANT AGREEMENTWarrant Agreement • June 27th, 2003 • Millstream Acquisition Corp • Blank checks • New York
Agreement made as of July , 2003 between Millstream Acquisition Corporation, a Delaware corporation, with offices at c/o Arthur Spector, 435 Devon Park Drive, Building 400, Wayne, Pennsylvania 19087 ("Company"), and Continental Stock Transfer & Trust Company, a New York corporation, with offices at 17 Battery Place, New York, New York 10004 ("Warrant Agent").
INVESTMENT MANAGEMENT TRUST AGREEMENTInvestment Management Trust Agreement • June 27th, 2003 • Millstream Acquisition Corp • Blank checks • New York
This Agreement is made as of July , 2003 by and between Millstream Acquisition Corporation ("Company") and Continental Stock Transfer & Trust Company ("Trustee").
July , 2003Millstream Acquisition Corp • June 27th, 2003 • Blank checks
This letter will confirm the agreement of the undersigned to purchase warrants ("Warrants") of Millstream Acquisition Corporation ("Company") included in the units ("Units") being sold in the Company's initial public offering ("IPO") upon the terms and conditions set forth herein. Each Unit is comprised of one share of Common Stock and two Warrants. The shares of Common Stock and Warrants will not be separately tradeable until 90 days after the effective date of the Company's IPO unless EarlyBirdCapital, Inc. ("EBC") informs the Company of its decision to allow earlier separate trading ("Separation Date").
June , 2003Millstream Acquisition Corp • June 27th, 2003 • Blank checks
