Shares EMPI, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • August 4th, 2004 • Empi Inc • Electromedical & electrotherapeutic apparatus • New York
Empi, Inc., a Minnesota corporation (the “Company”), and certain shareholders of the Company named in Schedule 2 hereto (the “Selling Shareholders”), propose to sell an aggregate of shares (the “Firm Stock”) of the Company’s common stock par value $0.01 per share (the “Common Stock”). Of the shares of the Firm Stock, are being sold by the Company and are being sold by the Selling Shareholders. In addition, the Selling Shareholders propose to grant to the Underwriters named in Schedule 1 hereto (the “Underwriters”) an option to purchase up to an aggregate of additional shares of the Common Stock on the terms and for the purposes set forth in Section 3 (the “Option Stock”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock.” This is to confirm the agreement concerning the purchase of the Stock from the Company and the Selling Shareholders by the Underwriters.
