AMENDMENT NO. 2 TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONAgreement and Plan of Merger and Reorganization • April 27th, 2020 • BioPharmX Corp • Pharmaceutical preparations
THIS AMENDMENT NO. 2 TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Amendment”), is made and entered into as of April 27, 2020 (the “Second Amendment Effective Date”), by and among BioPharmX Corporation, a Delaware corporation (“Parent”), BITI Merger Sub, Inc., a Delaware corporation and wholly-owned subsidiary of Parent (“Merger Sub”), and Timber Pharmaceuticals LLC, a Delaware limited liability company (“Company”). Capitalized terms used herein and not otherwise defined shall have the meanings assigned to such terms in that certain Agreement and Plan of Merger and Reorganization, made and entered into as of January 28, 2020, as previously amended, by and among Parent, Merger Sub and Company (the “Merger Agreement”).
