6,895,873 Shares BioScrip, Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • August 19th, 2013 • BioScrip, Inc. • Retail-drug stores and proprietary stores • New York
AMENDMENT NO. 3 AND WAIVER TO STOCKHOLDERS’ AGREEMENTStockholders’ Agreement • August 19th, 2013 • BioScrip, Inc. • Retail-drug stores and proprietary stores • New York
THIS AMENDMENT NO. 3 AND WAIVER, dated as of August 13, 2013 (“Amendment and Waiver”), amends and waives certain provisions of the Stockholders’ Agreement, dated as of January 24, 2010, as amended on March 8, 2013 and further amended on March 14, 2013 (the “Stockholders’ Agreement”), among BioScrip, Inc., a Delaware corporation (the “Company”), Kohlberg Investors V, L.P., a Delaware limited partnership (“Kohlberg”), Kohlberg Partners V, L.P., a Delaware limited partnership, Kohlberg Offshore Investors V, L.P., a Delaware limited partnership, Kohlberg TE Investors V, L.P., a Delaware limited partnership, KOCO Investors V, L.P., a Delaware limited partnership, Robert Cucuel, Mary Jane Graves, Nitin Patel, Joey Ryan, Colleen Lederer, Blackstone Mezzanine Partners II L.P., a Delaware limited partnership, Blackstone Mezzanine Holdings II L.P., a Delaware limited partnership, and S.A.C. Domestic Capital Funding, Ltd., a Cayman Islands limited company (collectively, the “Stockholders”)..
