0001104659-05-021610 Sample Contracts

AGREEMENT AND PLAN OF MERGER dated as of April 22, 2005 by and among BECKMAN COULTER, INC., BCI NEW CO, INC. and AGENCOURT BIOSCIENCE CORPORATION

Merger Agreement • May 9th, 2005 • Beckman Coulter Inc • Laboratory analytical instruments • New York

• Contract Type
  Merger Agreement
• Filed
  May 9th, 2005
• Company
  Beckman Coulter Inc
• Industry
  Laboratory analytical instruments
• Jurisdiction
  New York

This Agreement and Plan of Merger (this “Agreement”), dated as of April 22, 2005, is entered into by and among Beckman Coulter, Inc., a Delaware corporation (“Acquiror”), BCI New Co, Inc, a Delaware corporation and a wholly owned subsidiary of Acquiror (“Merger Sub”), Agencourt Bioscience Corporation, a Delaware corporation (“Agencourt”), and R. Brian McKernan, solely in his capacity as the initial Holder Representative (as defined below) hereunder.