0001144204-08-006349 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG APEX BIOVENTURES ACQUISITION CORPORATION APEX ACQUISITION SUB, INC., DYNOGEN PHARMACEUTICALS, INC., AND KATE BINGHAM AND MICHAEL BIGHAM, ACTING JOINTLY AS THE HOLDER REPRESENTATIVES Dated as of February 5, 2008

Agreement and Plan of Merger • February 6th, 2008 • Apex Bioventures Acquisition Corp • Blank checks • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  February 6th, 2008
• Company
  Apex Bioventures Acquisition Corp
• Industry
  Blank checks
• Jurisdiction
  Delaware

AGREEMENT AND PLAN OF MERGER (the “Agreement”), dated as of February 5, 2008, by and among APEX BIOVENTURES ACQUISITION CORPORATION, a Delaware corporation (“Parent”), APEX ACQUISITION SUB, INC., a Delaware corporation and wholly-owned subsidiary of Parent (“Acquisition Sub”), DYNOGEN PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), and the Holder Representatives (as defined below), as representative on behalf of the Company Holders (as defined below).