AMENDMENT NO. 2 TO MERGER AGREEMENTMerger Agreement • November 2nd, 2010 • Advanced Energy Industries Inc • Electronic components, nec
This Amendment No. 2 to Merger Agreement (this “Amendment”) is hereby entered into as of October 30, 2010 by Advanced Energy Industries, Inc., a corporation organized under the laws of the State of Delaware (the “Acquiror”), and Mark Fleischauer, in his capacity as Shareholder Representative, and amends that certain Agreement and Plan of Merger dated March 24, 2010, as amended on April 21, 2010 (the “Merger Agreement”), among Acquiror, PV Powered, Inc., a corporation organized under the laws of the State of Oregon (“PV Powered” or the “Company”), and Neptune Acquisition Sub, (the “Sub”), an Oregon corporation and wholly-owned subsidiary of the Acquiror. Capitalized terms used and not otherwise defined herein have the meanings given to them in the Merger Agreement.
