AGREEMENT AND PLAN OF MERGER BY AND AMONG PSIVIDA LIMITED, PSIVIDA INC., AND CONTROL DELIVERY SYSTEMS, INC. Dated as of October 3, 2005Merger Agreement • October 4th, 2005 • pSivida LTD • Laboratory analytical instruments • New York
Contract Type FiledOctober 4th, 2005 Company Industry JurisdictionThis AGREEMENT AND PLAN OF MERGER (the “Agreement”) is made and entered into as of October 3, 2005 at 8 a.m., New York City time, by and among pSivida Limited, an Australian corporation (“Parent”), pSivida Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and Control Delivery Systems, Inc., a Delaware corporation (the “Company”).