AGREEMENT AND PLAN OF MERGER by and amongAgreement and Plan of Merger • September 11th, 2018 • Invuity, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS Agreement and Plan of Merger (this “Agreement”), dated as of September 10, 2018, is by and among Stryker Corporation, a Michigan corporation (“Parent”), Accipiter Corp., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and Invuity, Inc. (the “Company”), a Delaware corporation.
TENDER AGREEMENT PREAMBLETender Agreement • September 11th, 2018 • Invuity, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS Tender Agreement (this “Agreement”), dated September 10, 2018, is by and between Stryker Corporation, a Delaware corporation (“Parent”), Accipiter Corp., a Delaware corporation and direct or indirect wholly owned Subsidiary of Parent (“Sub”), and (“Stockholder”), with respect to (a) the shares of common stock, par value $0.001 per share (the “Shares”), of Invuity, Inc., a Delaware corporation (the “Company”), (b) all securities exchangeable, exercisable or convertible into Shares and (c) any securities issued or exchanged with respect to such Shares, and upon any recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, split-up or combination of the securities of the Company or upon any other change in the Company’s capital structure, in each case, whether now owned or hereafter acquired by the Stockholder (the “Securities”).
