AGREEMENT AND PLAN OF MERGER by and among AEROVIRONMENT, INC. TROPIC MERGER SUB, INC., TOMAHAWK ROBOTICS, INC., and SHAREHOLDER REPRESENTATIVE SERVICES LLC, as the Stockholder Representative, dated as of August 18, 2023Agreement and Plan of Merger • August 22nd, 2023 • AeroVironment Inc • Aircraft • Delaware
This Agreement and Plan of Merger (this “Agreement”) is entered into on August 18, 2023, by and among (a) AeroVironment, Inc., a Delaware corporation (“Purchaser”), (b) Tropic Merger Sub, Inc., a Delaware corporation and wholly owned Subsidiary of Purchaser (“Merger Sub”), (c) Tomahawk Robotics, Inc., a Delaware corporation (the “Company”), and (d) Shareholder Representative Services LLC, a Colorado limited liability company, solely in its capacity as the representative, agent and attorney-in-fact of the Equityholders (the “Stockholder Representative”). Each of the above-referenced parties is sometimes herein referred to individually as a “Party”. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in Article I.
