FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • December 17th, 2019 • Arqule Inc • Pharmaceutical preparations
Contract Type FiledDecember 17th, 2019 Company IndustryThis First Amendment (this “Amendment”) is made and entered into as of December 17, 2019, by and among Merck Sharp & Dohme Corp., a New Jersey corporation (“Parent”), Argon Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and ArQule, Inc., a Delaware corporation (the “Company” and, together with Parent and Merger Sub, the “Parties”), and amends the Agreement and Plan of Merger, dated as of December 6, 2019 (the “Agreement”), by and among the Parties. Capitalized terms not otherwise defined in this Amendment shall have the respective meanings set forth in the Agreement.