ROTECH HEALTHCARE HOLDINGS INC. (a Delaware corporation) [•] Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • July 20th, 2021 • Rotech Healthcare Holdings Inc. • Services-home health care services • New York
Rotech Healthcare Holdings Inc., a Delaware corporation (the “Company”), confirm its agreement with BofA Securities, Inc. (“BofA”), Jefferies LLC (“Jefferies”), UBS Securities LLC (“UBS”) and Truist Securities, Inc. (“Truist”) and each of the other underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom BofA, Jefferies, UBS and Truist are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of common stock, par value $0.001 per share, of the Company (“Common Stock”) set forth in Schedule A hereto and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of [•] additional shares of Commo
SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 17, 2020 by and among ROTECH HEALTHCARE INC., as the Borrower ROTECH INTERMEDIATE HOLDINGS LLC, as Holdings HOLDINGS AND CERTAIN SUBSIDIARIES OF THE BORROWER FROM TIME TO TIME PARTY...Credit Agreement • July 6th, 2021 • Rotech Healthcare Holdings Inc. • Services-home health care services • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is made and entered into as of December 17, 2020, by and among ROTECH HEALTHCARE INC., a Delaware corporation (the “Borrower”), Rotech Intermediate Holdings LLC, a Delaware limited liability company (“Holdings”), the other Guarantors (defined herein), the Lenders (defined herein), and TRUIST BANK, in its capacities as Administrative Agent, Swingline Lender and Issuing Bank.
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 6th, 2021 • Rotech Healthcare Holdings Inc. • Services-home health care services • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is made and entered into as of December 17, 2020, by and among ROTECH HEALTHCARE INC., a Delaware corporation (the “Borrower”), Rotech Intermediate Holdings LLC, a Delaware limited liability company (“Holdings”), the other Guarantors (defined herein), the Lenders (defined herein), and TRUIST BANK, in its capacities as Administrative Agent, Swingline Lender and Issuing Bank.
IN WITNESS WHEREOF, the parties hereto have executed this Employment Agreement as of the date first set forth above.Rotech Healthcare Holdings Inc. • July 6th, 2021 • Services-home health care services
IN WITNESS WHEREOF, the parties hereto have executed this Employment Agreement as of the date first set forth above.Rotech Healthcare Holdings Inc. • July 6th, 2021 • Services-home health care services
April 26, 2021 Timothy C. Pigg Sherrills Ford, NC 28673 RE: Transaction Bonus Plan Award Dear Tim:Award Agreement • July 6th, 2021 • Rotech Healthcare Holdings Inc. • Services-home health care services • Florida
This letter (the “Award Agreement”) sets forth the terms and conditions of your bonus award under the Company’s Amended and Restated Transaction Bonus Plan, dated April 26, 2021 (the “Plan”) and our agreement regarding your participation therein. Capitalized terms used but not defined in this Award Agreement have the meanings given to such terms in the Plan.
IN WITNESS WHEREOF, the parties hereto have executed this Employment Agreement as of the date first set forth above.Rotech Healthcare Holdings Inc. • July 6th, 2021 • Services-home health care services
April 26, 2021 Thomas J. Koenig Springboro, OH 45066 RE: Transaction Bonus Plan Award Dear Tom:Award Agreement • July 6th, 2021 • Rotech Healthcare Holdings Inc. • Services-home health care services • Florida
This letter (the “Award Agreement”) sets forth the terms and conditions of your bonus award under the Company’s Amended and Restated Transaction Bonus Plan, dated April 26, 2021 (the “Plan”) and our agreement regarding your participation therein. Capitalized terms used but not defined in this Award Agreement have the meanings given to such terms in the Plan.
IN WITNESS WHEREOF, the parties hereto have executed this Employment Agreement as of the date first set forth above.Rotech Healthcare Holdings Inc. • July 6th, 2021 • Services-home health care services
April 26, 2021 Tom Weld Greenwich, CT 06830 RE: Transaction Bonus Plan Award Dear Tom:Award Agreement • July 6th, 2021 • Rotech Healthcare Holdings Inc. • Services-home health care services • Florida
This letter (the “Award Agreement”) sets forth the terms and conditions of your bonus award under the Rotech Healthcare Holdings Inc. (the “Company”) Amended and Restated Transaction Bonus Plan, dated April 26, 2021 (the “Plan”) and our agreement regarding your participation therein. Capitalized terms used but not defined in this Award Agreement have the meanings given to such terms in the Plan.
SECOND AMENDED AND RESTATED SECURITY AND PLEDGE AGREEMENTSecurity and Pledge Agreement • July 6th, 2021 • Rotech Healthcare Holdings Inc. • Services-home health care services
This SECOND AMENDED AND RESTATED SECURITY AND PLEDGE AGREEMENT (this “Agreement”) is entered into as of December 17, 2020, by and among the parties identified as “Obligors” on the signature pages hereto and such other parties that may become Obligors hereunder after the date hereof (each individually, an “Obligor”; and collectively, the “Obligors”), and Truist Bank, in its capacity as administrative agent (in such capacity, together with any successors and assigns in such capacity, the “Administrative Agent”) for the holders of the Secured Obligations (as defined below).
IN WITNESS WHEREOF, the parties hereto have executed this Employment Agreement as of the date first set forth above.Rotech Healthcare Holdings Inc. • June 8th, 2021 • Services-home health care services
