AMENDMENT NO. 2 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • August 14th, 2009 • TLC Vision Corp • Services-specialty outpatient facilities, nec • Utah
THIS AMENDMENT NO. 2 (this “Amendment No. 2”) to Agreement and Plan of Merger, dated as of October 27, 2005 (the “Agreement”), as amended by Amendment No. 1 to Agreement and Plan of Merger, dated as of May 13, 2008 (“Amendment No. 1”), by and among TruVision, Inc., a Utah corporation (the “Company”), TLC Wildcard Corp., a Utah corporation (“Mergersub”), TLC Vision Corporation, a New Brunswick corporation (TLC Canada”), TLC Vision (USA) Corporation, a Delaware corporation (“TLC’), and Lindsay T. Atwood, by and on behalf of each Shareholder (the “Shareholders’ Representative”) (collectively, the “Parties”), is entered into this 10th day of August, 2009 (the “Amendment No. 2 Effective Date”). For purposes of this Amendment No. 2, capitalized terms shall have the same meaning as those terms defined in the Agreement, unless otherwise provided.
