0000950123-09-050497 Sample Contracts

VOTING AGREEMENT

Voting Agreement • October 15th, 2009 • Vaxgen Inc • Pharmaceutical preparations • Delaware

• Contract Type
  Voting Agreement
• Filed
  October 15th, 2009
• Company
  Vaxgen Inc
• Industry
  Pharmaceutical preparations
• Jurisdiction
  Delaware

THIS VOTING AGREEMENT (“Agreement”), dated as of October 14, 2009, is made by and among OXiGENE, Inc., a Delaware corporation (“OXiGENE”), VaxGen, Inc., a Delaware corporation (“VaxGen”), and the undersigned holder (“Stockholder”) of shares of capital stock (the “Shares”) of OXiGENE.

AGREEMENT AND PLAN OF MERGER by and among OXiGENE, Inc., a Delaware corporation; OXiGENE MERGER SUB, INC., a Delaware corporation; VaxGen, Inc., a Delaware corporation; and James Panek as the Stockholder Representative Dated as of October 14, 2009

Merger Agreement • October 15th, 2009 • Vaxgen Inc • Pharmaceutical preparations • Delaware

• Contract Type
  Merger Agreement
• Filed
  October 15th, 2009
• Company
  Vaxgen Inc
• Industry
  Pharmaceutical preparations
• Jurisdiction
  Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), is made and entered into as of October 14, 2009 by and among OXiGENE, Inc., a Delaware corporation (“Parent”), OXiGENE Merger Sub, Inc., a Delaware corporation and wholly owned Subsidiary of Parent (“Merger Sub”), VaxGen, Inc., a Delaware corporation (the “Company”) and James Panek, as representative of the Company’s stockholders (the “Stockholder Representative”). Parent, Merger Sub and the Company are sometimes referred to herein each individually as a “Party” and, collectively, as the “Parties.”