AGREEMENT AND PLAN OF MERGER BY AND AMONG NEXMED, INC., BQ ACQUISITION CORP., BIO-QUANT, INC., ALI SAMER AL-ASSAAD, as SHAREHOLDER REPRESENTATIVE and as to Sections 4.1(c) and Article VIII hereof, BASSAM DAMAJ, EDWARD COX and HENRY ESBER Dated as of...Merger Agreement • November 23rd, 2009 • Nexmed Inc • Pharmaceutical preparations • Delaware
THIS AGREEMENT AND PLAN OF MERGER, dated as of November 20, 2009 (the “Agreement”), is entered into by and among NexMed, Inc., a Nevada corporation (“NexMed”), BQ Acquisition Corp., a Delaware corporation and wholly-owned subsidiary of NexMed (“Merger Sub”), Bio-Quant, Inc., a Utah corporation (“Bio-Quant”), Ali Samer Al-Assaad, as Shareholder Representative, and as to Sections 4.1(c) and Article VIII hereof, Bassam Damaj, Edward Cox and Henry Esber (collectively, the “Bio-Quant Principals”).
