•] shares of Common Stock Aveanna Healthcare Holdings Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • April 20th, 2021 • Aveanna Healthcare Holdings, Inc. • Services-home health care services • New York
Aveanna Healthcare Holdings Inc., a Delaware corporation (the “Company”), proposes to sell [•] shares (the “Firm Stock”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”). In addition, the Company proposes to grant to the underwriters named in Schedule I (the “Underwriters”) attached to this agreement (this “Agreement”) an option to purchase up to [•] additional shares of the Common Stock on the terms set forth in Section 3 (the “Option Stock”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock”. This Agreement is to confirm the agreement concerning the purchase of the Stock from the Company by the Underwriters.
AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 20th, 2021 • Aveanna Healthcare Holdings, Inc. • Services-home health care services • Delaware
THIS AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of [•], 2021 (the “Effective Date”), by and among (i) Aveanna Healthcare Holdings Inc., a Delaware corporation (the “Company”), (ii) each of the sponsors listed on the Schedule of Sponsors attached hereto, as such schedule may be updated from time to time in accordance with the terms of this Agreement (the “Sponsors”), (iii) each of the executives listed on the Schedule of Executives attached hereto, as such schedule may be updated from time to time in accordance with the terms of this Agreement (the “Executives”) and (iv) each Person listed on the Schedule of Other Investors attached hereto, as such schedule may be updated from time to time in accordance with the terms of this Agreement (collectively, the “Other Investors”). The Sponsors, the Executives and the Other Investors are collectively referred to as the “Stockholders” and each individually as a “Stockholder.” Except as otherwise specified he
INDEMNIFICATION AGREEMENTIndemnification Agreement • April 20th, 2021 • Aveanna Healthcare Holdings, Inc. • Services-home health care services
This Indemnification Agreement (“Agreement”) is made and entered into as of this ___ day of April, 2021, by and among Aveanna Healthcare Holdings Inc., a Delaware corporation (“Parent”), Aveanna Healthcare Intermediate Holdings LLC, a Delaware limited liability company (“Intermediate”) and Aveanna Healthcare LLC, a Delaware limited liability company (“Aveanna” and together with Parent, and Intermediate, each a “Company” and, collectively, the “Companies”), and ____________ (“Indemnitee”). Capitalized terms used but not otherwise defined herein shall have the meanings set forth in Section 15 hereof.
AVEANNA HEALTHCARE HOLDINGS INC. AMENDED AND RESTATED STOCKHOLDERS AGREEMENTStockholders Agreement • April 20th, 2021 • Aveanna Healthcare Holdings, Inc. • Services-home health care services • Delaware
THIS AMENDED AND RESTATED STOCKHOLDERS AGREEMENT (this “Agreement”) is made as of [ ], 2021 (the “Effective Date”), by and among (i) Aveanna Healthcare Holdings Inc., a Delaware corporation (the “Company”), (ii) each of the Sponsors listed on the Schedule of Sponsors attached hereto, as such schedule may be updated from time to time in accordance with the terms of this Agreement, (iii) each of the executives listed on the Schedule of Executives attached hereto, as such schedule may be updated from time to time in accordance with the terms of this Agreement (the “Executives”) and (iv) each Person listed on the Schedule of Other Investors attached hereto, as such schedule may be updated from time to time in accordance with the terms of this Agreement (collectively, the “Other Investors”). The Sponsors, the Executives and the Other Investors are collectively referred to as the “Stockholders” and each individually as a “Stockholder.” Except as otherwise specified herein, all capitalized te
THIRD JOINDER AGREEMENT AND FIFTH AMENDMENT (2021-1 New Revolving Credit Loans)Third Joinder Agreement • April 20th, 2021 • Aveanna Healthcare Holdings, Inc. • Services-home health care services • New York
THIRD JOINDER AGREEMENT AND FIFTH AMENDMENT (this “Agreement”), dated as of March 11, 2021, by and among each New Revolving Loan Lender set forth on the signature pages hereto (each, a “2021-1 New Revolving Loan Lender”), Aveanna Healthcare LLC, a Delaware limited liability company (the “Borrower”), the other Credit Parties, Barclays Bank PLC, as the Administrative Agent (the “Administrative Agent”) and each of the Consenting Lenders (as defined below).
