0001104659-04-028611 Sample Contracts

Agreement and Plan of Merger dated as of September 27, 2004 among Exelixis, Inc., XBO Acquisition Corp. and X-Ceptor Therapeutics, Inc.
Agreement and Plan of Merger • September 28th, 2004 • Exelixis Inc • Services-commercial physical & biological research • California

THIS AGREEMENT AND PLAN OF MERGER (the “Agreement”) is made and entered into as of September 27, 2004, by and among Exelixis, Inc., a Delaware corporation (“Parent”), XBO Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and X-Ceptor Therapeutics, Inc., a Delaware corporation (the “Company”). Certain other capitalized terms used in this Agreement are defined in Section 11.13.

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