AGREEMENT AND PLAN OF MERGER by and among 4D PHARMA PLC, DOLPHIN MERGER SUB LIMITEDMerger Agreement • October 22nd, 2020 • Longevity Acquisition Corp • Blank checks • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of October 21, 2020 (the “date hereof”), is made by and among 4D pharma plc, a public limited company incorporated under the laws of England and Wales (“Parent”), Dolphin Merger Sub Limited, a British Virgin Islands company limited by shares (“Merger Sub”), and Longevity Acquisition Corporation, a British Virgin Islands company limited by shares (the “Company”). The Company, Parent and Merger Sub will each be referred to herein from time to time as a “Party” and, collectively, as the “Parties.” Capitalized terms used and not otherwise defined herein have the meanings set forth in ARTICLE X below.
BACKSTOP AGREEMENTBackstop Agreement • October 22nd, 2020 • Longevity Acquisition Corp • Blank checks • New York
This Backstop Agreement (this "Agreement") is made as of this _____ day of October, 2020 by and among 4d pharma plc, a UK limited company (the “Company”), Longevity Acquisition Corporation, a British Virgin Islands exempted company ("LOAC"), Whale Management Corporation, a British Virgin Islands exempted company (the "SPAC Sponsor") and [ ], a [ ] company (the "Buyer").
