AMENDMENT NO. 2 TO STOCKHOLDER RIGHTS AGREEMENTStockholder Rights Agreement • October 16th, 2009 • Oxigene Inc • Biological products, (no disgnostic substances) • Delaware
This Amendment No. 2 to Stockholder Rights Agreement (the “Amendment”), dated as of October 14, 2009, by and between OXiGENE, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC (the “Rights Agent”), amends that certain Stockholder Rights Agreement, dated as of March 24, 2005, as amended as of October 1, 2008, between the Company and the Rights Agent (as so amended, the “Agreement”).
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, 2009Lock-Up Agreement • October 16th, 2009 • Oxigene Inc • Biological products, (no disgnostic substances) • 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.”
