Apria, Inc. Common Stock, par value $0.01 per share Underwriting AgreementUnderwriting Agreement • February 3rd, 2021 • Apria, Inc. • Services-home health care services • New York
Certain stockholders named in Schedule I hereto (the “Selling Stockholders”) of Apria, Inc., a Delaware corporation (the “Company”), propose, subject to the terms and conditions stated herein, to sell to the several Underwriters named in Schedule II hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [●] shares of common stock, par value $0.01 per share, of the Company (the “Stock”) and, at the election of the Underwriters, to sell to the Underwriters up to [●] additional shares of Stock of the Company. The aggregate of [●] shares of Stock to be sold by the Selling Stockholders are herein called the “Firm Shares” and the aggregate of up to [●] additional shares of Stock to be sold by the Selling Stockholders are herein called the “Optional Shares.” The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares.”
INDEMNIFICATION AGREEMENTIndemnification Agreement • February 3rd, 2021 • Apria, Inc. • Services-home health care services • Delaware
This Indemnification Agreement is effective as of [ ], 2021 (this “Agreement”) and is between Apria, Inc., a Delaware corporation (the “Company”), and the undersigned director/officer of the Company (the “Indemnitee”).
STOCK APPRECIATION RIGHTS AGREEMENT under the APRIA HEALTHCARE GROUP INC. 2015 STOCK PLANStock Appreciation Rights Agreement • February 3rd, 2021 • Apria, Inc. • Services-home health care services • New York
THIS AGREEMENT (the “Agreement”) by and between Apria Healthcare Group Inc., a Delaware corporation (the “Company”), and the individual named on the signature page hereto (the “Participant”) is made as of the date set forth on such signature page. Capitalized terms not otherwise defined herein shall have the same meanings as in the Plan.
OMNIBUS AMENDMENT TO THE STOCK APPRECIATION RIGHTS AGREEMENT under the APRIA, INC. 2015 STOCK PLANStock Appreciation Rights Agreement • February 3rd, 2021 • Apria, Inc. • Services-home health care services
THIS OMNIBUS AMENDMENT (this “Amendment”), dated as of February [•], 2021, amends each Stock Appreciation Rights Agreement (each, as amended from time to time, an “Agreement”) outstanding as of the date hereof under the Plan (as defined below) and is entered into by Apria, Inc., a Delaware corporation (the “Company”). Capitalized terms not otherwise defined herein shall have the same meanings as in the applicable Agreement or the Plan, as applicable.
