AGREEMENT AND PLAN OF MERGER among OPNEXT, INC., OMEGA MERGER SUB 1, INC., OMEGA MERGER SUB 2, INC., STRATALIGHT COMMUNICATIONS, INC. and MARK J. DENINO, as the STOCKHOLDER REPRESENTATIVE DATED as of JULY 9, 2008Agreement and Plan of Merger • July 10th, 2008 • Opnext Inc • Semiconductors & related devices • New York
Agreement and Plan of Merger, dated as of July 9, 2008, is by and among Opnext, Inc., a Delaware corporation (“Buyer”), Omega Merger Sub 1, Inc., a Delaware corporation and a direct wholly-owned subsidiary of Buyer (“Merger Sub 1”), Omega Merger Sub 2, Inc., a Delaware corporation and a direct wholly-owned subsidiary of Buyer (“Merger Sub 2”), StataLight Communications, Inc., a Delaware corporation (the “Company”) and Mark DeNino, as the representative of the Selling Stockholders (the “Stockholder Representative”). Buyer, Merger Sub 1, Merger Sub 2, the Company and the Stockholder Representative are referred to collectively herein as the “Parties” and each individually as a “Party.”
