AGREEMENT AND PLAN OF MERGER dated as of June 6, 2008 among INNOVIVE PHARMACEUTICALS, INC., CYTRX CORPORATION, CYTRX MERGER SUBSIDIARY, INC. and STEVEN KELLY (As the Stockholder Representative)Merger Agreement • June 9th, 2008 • Cytrx Corp • Biological products, (no disgnostic substances) • Delaware
Contract Type FiledJune 9th, 2008 Company Industry JurisdictionAGREEMENT AND PLAN OF MERGER (this “Agreement”) entered into on June 6, 2008, by and among INNOVIVE PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), CYTRX CORPORATION, a Delaware corporation (“CytRx”), CYTRX MERGER SUBSIDIARY, INC., a Delaware corporation (“Merger Subsidiary”), and STEVEN KELLY, as the Stockholder Representative (as defined in Section 9.05).
SUPPORT AGREEMENTSupport Agreement • June 9th, 2008 • Cytrx Corp • Biological products, (no disgnostic substances) • Delaware
Contract Type FiledJune 9th, 2008 Company Industry JurisdictionTHIS SUPPORT AGREEMENT (this “Agreement”) is made and entered into as of June 6, 2008, by and among CytRx Corporation, a Delaware corporation (“CytRx”), CytRx Merger Subsidiary, Inc., a Delaware corporation and wholly owned subsidiary of CytRx (“Merger Subsidiary”), and J. Jay Lobell (“Stockholder”).