Agreement and Plan of Merger dated March 12, 2008 by and among AVI BioPharma, Inc., EB Acquisition Corp., Ercole Biotech, Inc. and the Stockholder Representative (without exhibits).Agreement and Plan of Merger • March 13th, 2008 • Avi Biopharma Inc • Pharmaceutical preparations • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of March 12, 2008, by and among (i) AVI BioPharma, Inc., an Oregon corporation (“Parent”), (ii) EB Acquisition Corp., a Delaware corporation (“Merger Sub”) that is a wholly-owned subsidiary of Parent, and (iii) Ercole Biotech, Inc., a Delaware corporation (“Company”), and the Stockholder Representative (as defined in Section 8.3 hereof). Each of Parent, Merger Sub and Company are sometimes referred to as a “party” and collectively as the “parties.” Capitalized terms not defined in the text of this Agreement are defined on Schedule 1.
