AGREEMENT AND PLAN OF MERGER dated as of September 18, 2007 by and among ALLERGAN, INC., ESMERALDE ACQUISITION, INC., ESPRIT PHARMA HOLDING COMPANY, INC. and ESCROW PARTICIPANTS’ REPRESENTATIVEMerger Agreement • September 24th, 2007 • Allergan Inc • Pharmaceutical preparations • New York
Contract Type FiledSeptember 24th, 2007 Company Industry JurisdictionThis AGREEMENT AND PLAN OF MERGER dated as of September 18, 2007 is made and entered into by and among Allergan, Inc, a Delaware corporation (“Parent”), Esmeralde Acquisition, Inc., a Delaware corporation (“Merger Sub”), Esprit Pharma Holding Company, Inc., a Delaware corporation (the “Company”), and Andrew J. Einhorn, solely in his capacity as the Escrow Participants’ Representative. Capitalized terms not otherwise defined herein have the meanings set forth in Article I.