9,375,000 Units ECHO HEALTHCARE ACQUISITION CORP. UNDERWRITING AGREEMENTUnderwriting Agreement • September 20th, 2005 • Echo Healthcare Acquisition Corp. • Blank checks • California
The undersigned, Echo Healthcare Acquisition Corp., a Delaware corporation (“Company”), along with the individuals whose names appear on the signature page hereto (but solely with respect to the Sections hereof indicated thereon), hereby confirms its agreement with Roth Capital Partners, LLC (“Roth Capital” or the “Representative”) and with the other underwriters named on Schedule A hereto for which Roth Capital is acting as representative (the Representative and the other Underwriters being collectively referred to herein as the “Underwriters” or, individually, an “Underwriter”) as follows:
THE REGISTERED HOLDER OF THIS PURCHASE OPTION, BY ITS ACCEPTANCE HEREOF, AGREES THAT IT WILL NOT SELL, TRANSFER OR ASSIGN THIS PURCHASE OPTION, EXCEPT AS HEREIN PROVIDED, AND THE REGISTERED HOLDER OF THIS PURCHASE OPTION AGREES THAT IT WILL NOT SELL,...Echo Healthcare Acquisition Corp. • September 20th, 2005 • Blank checks • Delaware
THIS PURCHASE OPTION IS NOT EXERCISABLE PRIOR TO THE LATER OF (I) ________________, 2006 AND (II) THE CONSUMMATION BY ECHO HEALTHCARE ACQUISITION CORP. (“COMPANY”) OF A MERGER, CAPITAL STOCK EXCHANGE, ASSET ACQUISITION OR OTHER SIMILAR BUSINESS COMBINATION (“BUSINESS COMBINATION”) (AS DESCRIBED MORE FULLY IN THE COMPANY’S REGISTRATION STATEMENT (DEFINED HEREIN)). THIS PURCHASE OPTION SHALL BE VOID AFTER 5:00 P.M, NEW YORK CITY TIME, ON _____________, 2010.
