0001104659-07-090163 Sample Contracts

AGREEMENT AND PLAN OF MERGER
Merger Agreement • December 20th, 2007 • Affymetrix Inc • Laboratory analytical instruments • New York

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made as of the 15th day of December, 2007, by and among (i) USB Corporation, an Ohio corporation (the “Company”), (ii) the shareholders of USB Corporation in their several capacities (collectively, the “Shareholders,” individually, a “Shareholder,” and sometimes a “Seller,” individually, or the “Sellers,” collectively), (iii) Affymetrix, Inc., a Delaware corporation (“Parent”), and (iv) Yew Acquisition, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Subsidiary”).

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