AGREEMENT AND PLAN OF MERGER by and among NEAH POWER SYSTEMS, INC., NEAH POWER ACQUISITION CORP., SOLCOOL ONE, LLC, AND MARK WALSH Dated as of November 26th, 2008Merger Agreement • December 3rd, 2008 • Neah Power Systems, Inc. • Miscellaneous electrical machinery, equipment & supplies • Washington
Contract Type FiledDecember 3rd, 2008 Company Industry JurisdictionTHIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of November 26th, 2008 (the “Closing Date”), is made by and among Neah Power Systems, Inc., a Nevada corporation (“Buyer”), Neah Power Acquisition Corp., a Nevada corporation, a direct and wholly owned subsidiary of Buyer (“Buyer Sub”), SolCool One, LLC, a California limited liability company (the “Company”), and Mark Walsh (“Walsh”), Manager and founder of the Company, and a resident of the State of California.