AGREEMENT AND PLAN OF MERGER By and Among Himax Display, Inc. as the Purchaser, Spatial Photonics, Inc. as the Company, AND Wen Hsieh, as the Stockholder Representative Dated November 8, 2010Agreement and Plan of Merger • May 20th, 2011 • Himax Technologies, Inc. • Semiconductors & related devices
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement ”) is made and entered into this 8th day of November, 2010 (the “Agreement Date”), by and among Himax Display, Inc., a corporation organized under the laws of the Republic of China (the “Purchaser ”) and Spatial Photonics, a Delaware corporation (the “Company”), and Wen Hsieh, solely in its capacity as the representative of the Stockholders (the “Stockholder Representative”). Except as otherwise set forth herein, capitalized terms used herein have the meanings set forth in Exhibit A. As used in this Agreement, the term “Merger Sub” has the meaning set forth in Section 7.13 and such entity, when formed, shall become a party to this Agreement as provided in Section 7.13.
