0001104659-21-089449 Sample Contracts

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.

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FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT
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.

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.

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.

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 AGREEMENT
Security 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).

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