AGREEMENT AND PLAN OF MERGER BY AND AMONG VINTAGE ALBANY ACQUISITION, LLC, SENDEC CORP., SOUTH ALBANY ACQUISITION CORP., AND WITH RESPECT TO ARTICLES VII AND IX ONLY KENTON W. FISKE, AS STOCKHOLDER REPRESENTATIVE Dated as of January 9, 2011Merger Agreement • January 27th, 2011 • API Technologies Corp. • Semiconductors & related devices • New York
Contract Type FiledJanuary 27th, 2011 Company Industry JurisdictionTHIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of January 9, 2011 by and among Vintage Albany Acquisition, LLC, a Delaware limited liability company (“Parent”), SenDEC Corp., a New York corporation (the “Company”), South Albany Acquisition Corp., a New York corporation and a wholly-owned subsidiary of Parent (“Sub”), and, with respect to ARTICLE VII and ARTICLE IX hereof only, Kenton W. Fiske as Stockholder Representative (the “Stockholder Representative”).
AGREEMENT AND PLAN OF MERGER BY AND AMONG VINTAGE ALBANY ACQUISITION, LLC, API TECHNOLOGIES CORP., API MERGER SUB, INC., AND SENDEC CORP. Dated as of January 9, 2011Merger Agreement • January 11th, 2011 • API Technologies Corp. • Semiconductors & related devices • Delaware
Contract Type FiledJanuary 11th, 2011 Company Industry JurisdictionTHIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of January 9, 2011 by and among Vintage Albany Acquisition, LLC, a Delaware limited liability company (“Parent”), API Technologies Corp., a Delaware corporation (the “Company”), API Merger Sub, Inc., a New York corporation and a wholly-owned subsidiary of the Company (“Sub”), and SenDEC Corp., a New York corporation and a wholly-owned subsidiary of Parent (“Target”).