AGREEMENT AND PLAN OF MERGER BY AND AMONG AFFYMETRIX, INC. EXCALIBUR ACQUISITION SUB, INC., EBIOSCIENCE HOLDING COMPANY, INC. AND THE SECURITYHOLDERS’ REPRESENTATIVE NOVEMBER 29, 2011Merger Agreement • February 28th, 2012 • Affymetrix Inc • Laboratory analytical instruments • Delaware
This AGREEMENT AND PLAN OF MERGER is made and entered into as of November 29, 2011 (the “Agreement Date”), by and among Affymetrix, Inc., a Delaware corporation (“Acquiror”), Excalibur Acquisition Sub, Inc., a Delaware corporation and wholly owned subsidiary of Acquiror (“Sub”), eBioscience Holding Company, Inc., a Delaware corporation (the “Company”), and, solely with respect to Sections 1.17, 1.18, 1.19, 5.10, 5.15, 7.3, Article VIII and Article IX hereof, the Securityholders’ Representative (defined herein).
AFFYMETRIX, INC. PERFORMANCE BASED RESTRICTED STOCK UNIT GRANT NOTICE AND AGREEMENTPerformance Based Restricted Stock Unit Grant Agreement • February 28th, 2012 • Affymetrix Inc • Laboratory analytical instruments • Delaware
