Surgery Partners, Inc. Shares of Common Stock Underwriting AgreementUnderwriting Agreement • November 22nd, 2022 • Surgery Partners, Inc. • Services-general medical & surgical hospitals, nec • New York
Surgery Partners, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 23,469,388 shares of common stock, par value $0.01 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 3,520,408 shares of common stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of common stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
STOCK PURCHASE AGREEMENTStock Purchase Agreement • November 22nd, 2022 • Surgery Partners, Inc. • Services-general medical & surgical hospitals, nec • Delaware
This Stock Purchase Agreement (“Agreement”) is entered into as of November 21, 2022 (the “Execution Date”), by and between Surgery Partners, Inc., a Delaware corporation (“Surgery”), and Bain Capital Fund XI, L.P., a Cayman Islands limited partnership (“Bain Capital”). Surgery and Bain Capital may individually be referred to as a “Party” and together as the “Parties”.
