-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, RUmU81cT/Kk1nQyTaESguESVs69dXD1aLrWeImjujExTDfjV4bSGsXz7kE6NnF0V nkOYp2xtNQGgn7d30nHVHA== 0001014739-05-000062.txt : 20050315 0001014739-05-000062.hdr.sgml : 20050315 20050315161236 ACCESSION NUMBER: 0001014739-05-000062 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050312 FILED AS OF DATE: 20050315 DATE AS OF CHANGE: 20050315 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: BioScrip, Inc. CENTRAL INDEX KEY: 0001014739 STANDARD INDUSTRIAL CLASSIFICATION: INSURANCE AGENTS BROKERS & SERVICES [6411] IRS NUMBER: 050489664 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 100 CLEARBROOK ROAD CITY: ELMSFORD STATE: NY ZIP: 10523 BUSINESS PHONE: 914 460 1600 MAIL ADDRESS: STREET 1: 100 CLEARBROOK ROAD CITY: ELMSFORD STATE: NY ZIP: 10523 FORMER COMPANY: FORMER CONFORMED NAME: MIM CORP DATE OF NAME CHANGE: 19960516 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: HUBERS DAVID R CENTRAL INDEX KEY: 0001193140 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-28740 FILM NUMBER: 05681875 BUSINESS ADDRESS: STREET 1: 10900 RED CIRCLE DRIVE CITY: MINNETONKA STATE: MN ZIP: 55343 BUSINESS PHONE: 9529793815 MAIL ADDRESS: STREET 1: 15 LAKE COURT CITY: NORTH OAKS STATE: MN ZIP: 55127 4 1 hub94.xml X0202 4 2005-03-12 0 0001014739 BioScrip, Inc. BIOS 0001193140 HUBERS DAVID R 100 CLEARBROOK ROAD ELMSFORD NY 10523 1 0 0 0 Director Stock Option 6.6100 2005-03-12 4 A 0 20000 0 A 2006-03-12 2015-03-12 Common Stock, $.0001 par value 20000 20000 D Director Stock Option 7.2500 2010-12-14 Common Stock, $.0001 par value 33600 33600 D Director Stock Option 4.2200 2011-11-27 Common Stock, $.0001 par value 11200 11200 D Director Stock Option 4.4300 2012-11-20 Common Stock, $.0001 par value 11200 11200 D Director Stock Option 7.9600 2013-11-19 Common Stock, $.0001 par value 11200 11200 D Vests and becomes exercisable in three equal annual installments commencing on the first anniversary of the date of grant. Fully Vested By: David Frankel, Power of Attorney 2005-03-15 EX-24 2 poahubers.txt POWER OF ATTORNEY LIMITED POWER OF ATTORNEY FOR SECTION 16 REPORTING OBLIGATIONS Know all by these presents, that the undersigned hereby makes, constitutes and appoints each of Barry A. Posner and David L. Frankel, each acting individually, as the undersigned's true and lawful attorney-in-fact, with full power and authority as hereinafter described on behalf of and in the name,place and stead of the undersigned to: 1) prepare, execute, acknowledge, deliver and file Forms 3,4,and 5 (including any amendments thereto) with respect to the securities of BioScrip, Inc. (formerly MIM Corporation), a Delaware corporation (the `Company'), with the United States Securities and Exchange Commission, any national securities exchanges and the company, as considered necessary or advisable under Section 16(a) of the Securities Exchange Act of 1934 and the rules and regulations promulgated thereunder, as amended from time to time (the `Exchange Act'); 2) seek or obtain, as the undersigned's representative and on the undersigned's behalf, information on transactions in the Company's securities from any third party, including brokers, employee benefit plan administrators and trustees, and the undersigned hereby authorizes any such person to release any such information to the undersigned and approves and ratifies any such release of information; and 3) perform any and all other acts which in the discretion of such attorney-in-fact are necessary or desirable for and on behalf of the undersigned in connection with the foregoing. The undersigned acknowledges that: 1) This Limited Power of Attorney authorizes, but does not require, each such attorney-in-fact to act in their discretion on information provided to such attorney-in-fact without independent verification of such information; 2) Any documents prepared and/or executed by either of such attorneys-in-fact on behalf of the undersigned pursuant to this Limited Power of Attorney will be in such form and will contain such information and disclosure as such attorney- in-fact,in his or her discretion, deems necessary or desirable; 3) Neither the Company nor either of such attorneys-in-fact assumes (i) any liability for the undersigned's responsibility to comply with the requirement of the Exchange Act, (ii) any liability of the undersigned for any failure to comply with such requirements, or (iii) any obligation or liability of the undersigned for profit disgorgement under Section 16(b) of the Exchange Act; and 4) This Limted Power of Attorney does not relieve the undersigned from responsibility for compliance with the undersigned's obligations under the Exchange Act,including without limitation the reporting requirements under Section 16 of the Exchange Act. The undersigned hereby gives and grants each of the foregoing attorneys-in-fact full power and authority to do and perform all and every act and thing whatsoever requisite, necessary or appropriate to be done in and about the foregoing matters as fully to all intents and purposes as the undersigned might or could do if present, hereby ratifying all that each such attorney-in-fact of, for and on behalf of the undersigned, shall lawfully do or cause to be done by virtue of this Limited Power of Attorney. This Limted Power of Attorney shall remain in full force and effect untilthe undersigned is no longer required to file Form 3, 4 and 5 with respect to the undersigned's holdings and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to each such attorney-in- fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 14th day of March, 2005. /s/ David R. Hubers Signature David R. Hubers -------------------------------------------- Print Name STATE OF FLORIDA ) ) COUNTY OF COLLIER ) On this 14th day of March, 2005, David R. Hubers personally appeared before me, and acknowledged that s/he executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. /s/ Martha M. Drescher ----------------------------------- Notary Public My Commission Expires: 9/3/2007 -----END PRIVACY-ENHANCED MESSAGE-----