0001140361-22-022486 Sample Contracts

CREDIT AGREEMENT dated as of June 1, 2022 among ENHABIT, Inc., as the Borrower, THE LENDERS PARTY HERETO, WELLS FARGO BANK, NATIONAL ASSOCIATION as Administrative Agent, and WELLS FARGO BANK, NATIONAL ASSOCIATION as Collateral Agent WELLS FARGO...
Credit Agreement • June 9th, 2022 • Enhabit, Inc. • Services-home health care services • New York

CREDIT AGREEMENT, dated as of June 1, 2022, among Enhabit, Inc. (f/k/a Encompass Health Home Health Holdings, Inc.), a Delaware corporation (the “Borrower”), Wells Fargo Bank, National Association, as administrative agent (in such capacity, the “Administrative Agent”) and as Collateral Agent (as defined below), and as Swingline Lender (as defined below), and each Issuing Bank and Lender (each as defined below) party hereto from time to time.

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FORM OF EMPLOYEE MATTERS AGREEMENT BY AND BETWEEN ENCOMPASS HEALTH CORPORATION AND ENHABIT, INC. DATED AS OF [•], 2022
Employee Matters Agreement • June 9th, 2022 • Enhabit, Inc. • Services-home health care services

This EMPLOYEE MATTERS AGREEMENT, dated as of [•], 2022 (this “Agreement”), is by and between Encompass Health Corporation, a Delaware corporation (“Encompass”), and Enhabit, Inc., a Delaware corporation (“Enhabit”).

FORM OF TRANSITION SERVICES AGREEMENT
Transition Services Agreement • June 9th, 2022 • Enhabit, Inc. • Services-home health care services • Delaware

This TRANSITION SERVICES AGREEMENT, dated as of [●] (this “Agreement”), is by and between Encompass Health Corporation, a Delaware corporation (“Encompass”), and Enhabit, Inc., a Delaware corporation (“Enhabit”). Unless otherwise defined in this Agreement, all capitalized terms used in this Agreement shall have the meaning set forth in the Separation and Distribution Agreement, dated as of the date hereof, by and between Encompass and Enhabit (as amended, modified or supplemented from time to time in accordance with its terms, the “Separation Agreement”).

FORM OF SEPARATION AND DISTRIBUTION AGREEMENT BY AND BETWEEN ENCOMPASS HEALTH CORPORATION AND ENHABIT, INC.
Separation and Distribution Agreement • June 9th, 2022 • Enhabit, Inc. • Services-home health care services • Delaware

This SEPARATION AND DISTRIBUTION AGREEMENT, dated as of [ ], 2022 (this “Agreement”), is by and between Encompass Health Corporation, a Delaware corporation (“Encompass”), and Enhabit, Inc., a Delaware corporation and a direct wholly owned subsidiary of Encompass (“Enhabit”). Capitalized terms used herein and not otherwise defined shall have the respective meanings assigned to them in Article I.

FORM OF TAX MATTERS AGREEMENT BY AND BETWEEN ENCOMPASS HEALTH CORPORATION and ENHABIT, INC. DATED AS OF [●], 2022
Tax Matters Agreement • June 9th, 2022 • Enhabit, Inc. • Services-home health care services • Delaware

This TAX MATTERS AGREEMENT, dated as of [●], 2022 (this “Agreement”), is by and between Encompass Health Corporation, a Delaware corporation (“Encompass”) and Enhabit, Inc., a Delaware corporation formerly named “Encompass Health Home Health Holdings, Inc.” (“Enhabit”) (together, the “Companies,” and each, a “Company”).

Contract
Restricted Stock Award Agreement • June 9th, 2022 • Enhabit, Inc. • Services-home health care services

This document is part of a prospectus covering securities that have been registered under the Securities Act of 1933, as amended. This document may be used only in connection with our offer and sale of the securities hereunder. You cannot use this document to offer or sell the securities that you acquire hereunder to anyone else. A paper version of this document and the other documents constituting the complete prospectus are available upon request by contacting the Human Resources department.

Contract
Restricted Stock Unit Agreement • June 9th, 2022 • Enhabit, Inc. • Services-home health care services • Delaware

This document is part of a prospectus covering securities that have been registered under the Securities Act of 1933, as amended. This document may be used only in connection with our offer and sale of the securities hereunder. You cannot use this document to offer or sell the securities that you acquire hereunder to anyone else. A paper version of this document and the other documents constituting the complete prospectus are available upon request by contacting the Human Resources department.

FORM OF RESTRICTIVE COVENANTS AGREEMENT
Restrictive Covenants Agreement • June 9th, 2022 • Enhabit, Inc. • Services-home health care services

This RESTRICTIVE COVENANTS AGREEMENT (“Agreement”) is entered into as of ________, ____ (the “Effective Date”), by and between Advanced Homecare Management, LLC., on behalf of itself, and its current, past, and future parents, subsidiaries, and other corporate affiliates, and its or their successors or assigns (collectively the “Company”), and the undersigned employee (“Employee”). The Company and Employee shall be referred to herein individually as a “Party” and collectively as the “Parties.”

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