AGREEMENT AND PLAN OF MERGER by and among BALLARD POWER SYSTEMS INC. BPC SUBCO INC., PROTONEX TECHNOLOGY CORPORATION and EDWARD J. STEWART, as Stockholder Representative Dated as of June 29, 2015Merger Agreement • June 29th, 2015 • Ballard Power Systems Inc. • Electrical industrial apparatus • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of June 29, 2015, is by and among: (i) Ballard Power Systems Inc., a corporation organized under the laws of Canada (“Parent”); (ii) BPC SubCo Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”); (iii) Protonex Technology Corporation, a Delaware corporation (the “Company”) and (iv) Edward J. Stewart, an individual resident in Massachusetts, solely in his capacity as the representative of the Company Stockholders (the “Stockholder Representative”).
