AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • October 8th, 2004 • Trafalgar Ventures Inc • Metal mining
THIS AMENDMENT NO. 1 ("Amendment No. 1") TO AGREEMENT AND PLAN OF MERGER is entered into as of October 6, 2004, by and among Cyberkinetics, Inc., a Delaware corporation ("Cyberkinetics"), Trafalgar Ventures Inc., a Nevada corporation ("Trafalgar"), Trafalgar Acquisition Corporation, a Nevada corporation ("Merger Sub"), and Robert Gorden Smith, an individual stockholder of Trafalgar ("Smith") (Cyberkinetics, Trafalgar, Merger Sub and Smith may each be referred to herein as a "Party" and collectively, the "Parties"). Capitalized terms used herein and not defined shall have the meanings given to them in the Agreement and Plan of Merger dated as of July 23, 2004 (the "Agreement").
