Attention: John L. Coker Senior Vice President, Finance and Administration, Chief Financial Officer Re: Amendment to Confidentiality AgreementConfidentiality Agreement • January 8th, 2004 • Invitrogen Corp • Biological products, (no disgnostic substances)
We refer to the Confidentiality Agreement, dated August 30, 2002, between Bear, Stearns & Co. Inc., for itself and on behalf of BioReliance Corporation, and Invitrogen Corporation (the “Confidentiality Agreement”). Capitalized terms not defined herein have the meanings specified in the Confidentiality Agreement.
LETTERHEAD OF BEAR, STEARNS & CO. INC.] CONFIDENTIALITY AGREEMENTConfidentiality Agreement • January 8th, 2004 • Invitrogen Corp • Biological products, (no disgnostic substances) • New York
In connection with the consideration by BioReliance Corporation (collectively with its subsidiaries and affiliates, “BioReliance”) and Invitrogen Corporation (collectively with its subsidiaries and affiliates, “Invitrogen”) of a possible transaction that might result in a mutually agreeable business combination between BioReliance and Invitrogen (a “Transaction”), BioReliance is prepared to make available to Invitrogen (the “Receiving Party”) certain information concerning BioReliance’s business, financial condition, operations, assets and liabilities. As a condition to such information being furnished to the Receiving Party and its directors, officers, employees, agents or advisors (including, without limitation, attorneys, accountants, consultants, bankers and financial and other advisors) (collectively, “Representatives”), the Receiving Party agrees to treat such information in strict accordance with the provisions of this letter agreement, and to take or abstain from taking certain
