Shares ENCORE MEDICAL CORPORATION Shares of Common Stock ($.001 par value) FORM OF UNDERWRITING AGREEMENTUnderwriting Agreement • July 3rd, 2003 • Encore Medical Corp • Orthopedic, prosthetic & surgical appliances & supplies • New York
SECOND AMENDMENT TO NOTE AND EQUITY PURCHASE AGREEMENTNote and Equity Purchase Agreement • July 3rd, 2003 • Encore Medical Corp • Orthopedic, prosthetic & surgical appliances & supplies
THIS SECOND AMENDMENT TO NOTE AND EQUITY PURCHASE AGREEMENT (the “Amendment”), dated as of March 12, 2003 to be effective as of December 30, 2002 (the “Effective Date”), is entered into by and between CAPITALSOURCE FINANCE LLC, a Delaware limited liability company, in its capacity as administrative agent and collateral agent for the Purchasers under the Agreement referenced below and as the sole Purchaser under the Agreement referenced below (“Agent”), and each of ENCORE MEDICAL CORPORATION, ENCORE MEDICAL GP, INC., ENCORE MEDICAL ASSET CORPORATION, and ENCORE MEDICAL, L.P., (together, the “Loan Parties”). Capitalized terms used and not otherwise defined herein are used as defined in the Agreement (as defined below).
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 3rd, 2003 • Encore Medical Corp • Orthopedic, prosthetic & surgical appliances & supplies • Texas
THIS FOURTH AMENDMENT TO CREDIT AGREEMENT (“Amendment”), dated as of March 12, 2003 (the “Amendment Date”), is among ENCORE MEDICAL CORPORATION, ENCORE MEDICAL GP, INC., ENCORE MEDICAL ASSET CORPORATION, ENCORE MEDICAL, L.P., and BANK OF AMERICA, NATIONAL ASSOCIATION (in its capacity as administrative agent under the Credit Agreement referenced below and as the sole Lender under the Credit Agreement referenced below).
EMPLOYMENT AGREEMENTEmployment Agreement • July 3rd, 2003 • Encore Medical Corp • Orthopedic, prosthetic & surgical appliances & supplies • Texas
THIS EMPLOYMENT AGREEMENT (this “Agreement”) made and effective as of the 2nd day of June, 2003, by and between ENCORE MEDICAL CORPORATION, a Delaware corporation (the “Company”), and SCOTT KLOSTERMAN (the “Employee”).
