AMENDMENT TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONAgreement and Plan of Merger and Reorganization • July 10th, 2001 • Inhale Therapeutic Systems Inc • Pharmaceutical preparations
This Amendment to that certain Agreement and Plan of Merger and Reorganization ("Amendment to Agreement") is made and entered into as of June 21, 2001, by and among: Inhale Therapeutic Systems, Inc., a Delaware corporation ("Parent"); Square Acquisition Corp., an Alabama corporation and a wholly owned subsidiary of Parent ("Merger Sub"); Shearwater Corporation, an Alabama corporation (the "Company"); J. Milton Harris as Shareholders' Agent (as defined below) and a Designated Shareholder (as defined below) and Puffinus, L.P., a Delaware limited partnership (together with J. Milton Harris, the "Designated Shareholders"). Certain other capitalized terms used in this Amendment to Agreement are defined in the Agreement and Plan of Merger and Reorganization dated May 22, 2001 (the "Merger Agreement") and in Exhibit A to the Merger Agreement.
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among: INHALE THERAPEUTIC SYSTEMS, INC., a Delaware corporation; SQUARE ACQUISITION CORP., an Alabama corporation; SHEARWATER CORPORATION, an Alabama corporation; CERTAIN SHAREHOLDERS OF SHEARWATER...Merger Agreement • July 10th, 2001 • Inhale Therapeutic Systems Inc • Pharmaceutical preparations • California
This Agreement and Plan of Merger and Reorganization ("Agreement") is made and entered into as of May 22, 2001, by and among: Inhale Therapeutic Systems, Inc., a Delaware corporation ("Parent"); Square Acquisition Corp., an Alabama corporation and a wholly owned subsidiary of Parent ("Merger Sub"); Shearwater Corporation, an Alabama corporation (the "Company"); J. Milton Harris as Shareholders' Agent (as defined below) and a Designated Shareholder (as defined below) and Puffinus, L.P., a Delaware limited partnership (together with J. Milton Harris, the "Designated Shareholders"). The Designated Shareholders are sometimes referred to in this Agreement as the "Signing Shareholders." Certain other capitalized terms used in this Agreement are defined in Exhibit A.
