0000950144-08-004688 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among THIRD WAVE TECHNOLOGIES, INC. HOLOGIC, INC. and THUNDER TECH CORP. Dated as of June 8, 2008

Merger Agreement • June 9th, 2008 • Third Wave Technologies Inc /Wi • Biological products, (no disgnostic substances) • Delaware

• Contract Type
  Merger Agreement
• Filed
  June 9th, 2008
• Company
  Third Wave Technologies Inc /Wi
• Industry
  Biological products, (no disgnostic substances)
• Jurisdiction
  Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of this 8th day of June, 2008, by and among Third Wave Technologies, Inc., a Delaware corporation (the “Company”), Hologic, Inc., a Delaware corporation (“Parent”), and Thunder Tech Corp., a Delaware corporation, and wholly owned subsidiary of Parent (“Merger Sub”).

AMENDMENT NO. 2 TO PREFERRED STOCK RIGHTS AGREEMENT

Preferred Stock Rights Agreement • June 9th, 2008 • Third Wave Technologies Inc /Wi • Biological products, (no disgnostic substances) • Delaware

• Contract Type
  Preferred Stock Rights Agreement
• Filed
  June 9th, 2008
• Company
  Third Wave Technologies Inc /Wi
• Industry
  Biological products, (no disgnostic substances)
• Jurisdiction
  Delaware

This Amendment No. 2 (this “Amendment”) to the Preferred Stock Rights Agreement, dated as of October 24, 2001, as amended (the “Rights Agreement”), between Third Wave Technologies, Inc., a Delaware corporation (the “Company”), and Computershare Trust Company, N.A. (formerly known as Equiserve Trust Company N.A.), a national banking association (the “Rights Agent”), is made and entered into as of June 8, 2008.