AGREEMENT AND PLAN OF MERGER AND REORGANIZATION by and among OCCULOGIX, INC. OCUSENSE ACQUIRECO, INC. and OCUSENSE, INC. April 22, 2008Agreement and Plan of Merger and Reorganization • May 12th, 2008 • OccuLogix, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Agreement”) is made and entered into as of April 22, 2008 by and among OccuLogix, Inc., a Delaware corporation (“Parent”), OcuSense Acquireco, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and OcuSense, Inc., a Delaware corporation (the “Company”).
AMENDING AGREEMENTShare Pledge Agreement • May 12th, 2008 • OccuLogix, Inc. • Surgical & medical instruments & apparatus • Ontario
THIS AMENDING AGREEMENT (this “Agreement”), dated as of May 5, 2008, is made by and among OccuLogix, Inc. (the “Company”), a Delaware corporation with executive offices located at 2600 Skymark Avenue, Building 9, Suite 201, Mississauga, Ontario, L4W 5B2, Canada, the lenders listed on the Schedule of New Lenders attached hereto as Exhibit A (the “New Lenders”), the lenders listed on the Schedule of Required Lenders attached hereto as Exhibit B (the “Required Lenders”) and Marchant Securities Inc. (the “Collateral Agent”), an Ontario corporation with offices located at 100 York Boulevard, Suite 404, Richmond Hill, Ontario, L4B 1J8, Canada.
