0001104659-21-093687 Sample Contracts

ROTECH HEALTHCARE HOLDINGS INC. (a Delaware corporation) [•] Shares of Common Stock UNDERWRITING AGREEMENT
Underwriting 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

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