0001193125-23-145021 Sample Contracts

Board Observer Agreement
Non-Disclosure and Confidentiality Agreement • May 15th, 2023 • Silverback Asset Management LLC • Orthopedic, prosthetic & surgical appliances & supplies • Delaware

This agreement (the “Agreement”) is made effective as of May 5, 2023 by and between Invacare Holdings Corporation, a Delaware corporation (the “Company”), and Silverback Asset Management, LLC (the “Investor”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the bylaws of the Company, as amended from time to time (the “Bylaws”).

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JOINT FILING AGREEMENT
Joint Filing Agreement • May 15th, 2023 • Silverback Asset Management LLC • Orthopedic, prosthetic & surgical appliances & supplies

Pursuant to Rule 13d-1(k)(1) promulgated under the Securities Exchange Act of 1934, as amended, each of the undersigned acknowledges and agrees that the foregoing statement on this Schedule 13D is filed on behalf of the undersigned and that all subsequent amendments to this statement on Schedule 13D shall be filed on behalf of the undersigned without the necessity of filing additional joint acquisition statements. Each of the undersigned acknowledges that it shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning it contained therein, but shall not be responsible for the completeness and accuracy of the information concerning the others, except to the extent that he or it knows or has reason to believe that such information is inaccurate.

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