REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 29th, 2017 • BioScrip, Inc. • Services-home health care services • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of June 29, 2017, by and among BioScrip, Inc., a Delaware corporation (the “Company”) and the other entities undersigned hereto (each a “Stockholder” and collectively, the “Stockholders”). Each of the Company and the Stockholders may be referred to in this Agreement as a “Party,” and, collectively, as the “Parties.” Capitalized terms used but not otherwise defined herein have the meanings assigned such terms in Section 9 of this Agreement.
BIOSCRIP, INC. WARRANT AGREEMENT Dated As Of June 29, 2017 Warrants to Purchase shares of Common Stock BIOSCRIP, INC. Warrant Agreement Warrants For Common StockWarrant Agreement • June 29th, 2017 • BioScrip, Inc. • Services-home health care services • Delaware
WARRANT AGREEMENT, dated as of June 29, 2017, among BioScrip, Inc., a Delaware corporation (together with its successors and assigns, the “Company”) and the purchasers undersigned hereto (collectively and together with each of their respective successors and assigns, the “Purchasers”). Capitalized terms shall have the meaning specified in Section 5.1 hereof.
BioScrip, Inc. Denver, CO 80202Warrant Purchase Agreement • June 29th, 2017 • BioScrip, Inc. • Services-home health care services • New York
We are pleased you (the “Subscriber” or “you”) have accepted the offer (in connection with the execution and delivery of the Second Lien Note Purchase Agreement (the “Second Lien Note Purchase Agreement”), the Warrant Purchase Agreement (the “Warrant Purchase Agreement”), the Warrant Agreement (the “Warrant Agreement”), the Registration Rights Agreement (the “Registration Rights Agreement,” and, together with the Second Lien Note Purchase Agreement, Warrant Purchase Agreement and the Warrant Agreement, the “Other Agreements”), each among BioScrip, Inc., a Delaware corporation (the “Company”), and the other signatories party thereto and of even date herewith) to purchase an aggregate number of shares of common stock of the Company, par value $0.0001 per share (the “Common Stock” or “Shares”), equal to the number set forth next to your signature pages below. The terms (this “Agreement”) on which the Subscriber is willing to purchase the Shares from the Company, and the Company and the Su
BioScrip, Inc. Denver, CO 80202Stock Purchase Agreement • June 29th, 2017 • BioScrip, Inc. • Services-home health care services • New York
We are pleased you (the “Subscribers” or “you”) have accepted the offer (in connection with the execution and delivery of the Second Lien Note Purchase Agreement (the “Second Lien Note Purchase Agreement”), the Stock Purchase Agreement (the “Stock Purchase Agreement”), the Warrant Agreement (the “Warrant Agreement”), the Registration Rights Agreement (the “Registration Rights Agreement,” and, together with the Second Lien Note Purchase Agreement, Stock Purchase Agreement and the Warrant Agreement, the “Other Agreements”), each among BioScrip, Inc., a Delaware corporation (the “Company”), and the other signatories party thereto and of even date herewith) to purchase warrants (the “Warrants”) to purchase the percentage of the Fully Diluted (as defined in the Warrant Agreement) common stock of the Company, par value $0.0001 per share (the “Common Stock” or “Shares”) outstanding on the date of any exercise of such Warrants, such percentage in an amount equal to the number set forth next to
SECOND LIEN NOTE PURCHASE AGREEMENT dated as of June 29, 2017 among BIOSCRIP, INC., as Issuer, THE PURCHASERS FROM TIME TO TIME PARTY HERETO, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral AgentSecond Lien Note Purchase Agreement • June 29th, 2017 • BioScrip, Inc. • Services-home health care services • New York
THIS SECOND LIEN NOTE PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of June 29, 2017, by and among BIOSCRIP, INC., a Delaware corporation (the “Issuer”), the several financial institutions and purchasers from time to time party hereto (the “Purchasers”), and Wells Fargo Bank, National Association, in its capacity as collateral agent for itself and the Purchasers (the “Collateral Agent”).
FIRST LIEN NOTE PURCHASE AGREEMENT dated as of June 29, 2017 among BIOSCRIP, INC., as Issuer, THE PURCHASERS FROM TIME TO TIME PARTY HERETO, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral AgentFirst Lien Note Purchase Agreement • June 29th, 2017 • BioScrip, Inc. • Services-home health care services • New York
THIS FIRST LIEN NOTE PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of June 29, 2017, by and among BIOSCRIP, INC., a Delaware corporation (the “Issuer”), the several financial institutions and purchasers from time to time party hereto (the “Purchasers”), and Wells Fargo Bank, National Association, in its capacity as collateral agent for itself and the Purchasers (the “Collateral Agent”).
Second LIEN GUARANTY AND SECURITY AGREEMENT dated as of June 29, 2017 made by BIOSCRIP, INC. as Issuer and The other Grantors From Time to Time Party Hereto in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION as Collateral Agent AS SET FORTH MORE FULLY...Second Lien Guaranty and Security Agreement • June 29th, 2017 • BioScrip, Inc. • Services-home health care services • New York
THIS SECOND LIEN GUARANTY AND SECURITY AGREEMENT, dated as of June 29, 2017, is made by BIOSCRIP, INC., a Delaware corporation (the “Issuer”), and certain Subsidiaries of the Issuer identified on the signature pages hereto as “Guarantors” (together with the Issuer and any other Subsidiary of the Issuer that becomes a party hereto from time to time after the date hereof, each, a “Grantor” and, collectively, the “Grantors”), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (in such capacity, together with its successors and assigns, the “Collateral Agent”) for itself and the other Secured Parties (as defined below).
FIRST LIEN GUARANTY AND SECURITY AGREEMENT dated as of June June 29, 2017 made by BIOSCRIP, INC. as Issuer and The other Grantors From Time to Time Party Hereto in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION as Collateral AgentFirst Lien Guaranty and Security Agreement • June 29th, 2017 • BioScrip, Inc. • Services-home health care services • New York
THIS FIRST LIEN GUARANTY AND SECURITY AGREEMENT, dated as of June 29, 2017, is made by BIOSCRIP, INC., a Delaware corporation (the “Issuer”), and certain Subsidiaries of the Issuer identified on the signature pages hereto as “Guarantors” (together with the Issuer and any other Subsidiary of the Issuer that becomes a party hereto from time to time after the date hereof, each, a “Grantor” and, collectively, the “Grantors”), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (in such capacity, together with its successors and assigns, the “Collateral Agent”) for itself and the other Secured Parties (as defined below).
