FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONAgreement and Plan of Merger and Reorganization • October 3rd, 2013 • Nile Therapeutics, Inc. • Pharmaceutical preparations
This FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (“First Amendment”) is made and entered into as of September 27, 2013, by and between NILE THERAPEUTICS, INC., a Delaware corporation (“Parent”), BOVET MERGER CORP., a Delaware corporation (“Merger Sub”) and CAPRICOR, INC., a Delaware corporation (the “Company”).
FIRST AMENDMENT TO NILE THERAPEUTICS, INC. SECURED CONVERTIBLE PROMISSORY NOTESSecured Convertible Promissory Notes • October 3rd, 2013 • Nile Therapeutics, Inc. • Pharmaceutical preparations • Delaware
This FIRST AMENDMENT TO NILE THERAPEUTICS, INC. SECURED CONVERTIBLE PROMISSORY NOTES (this “First Amendment”) is made and entered into as of March 15, 2013, by and between NILE THERAPEUTICS, INC., a Delaware corporation (the “Company”), and the undersigned holders (each a “Holder” and together the “Holders”) of Nile Therapeutics, Inc. Secured Convertible Promissory Notes (each a “Note” and collectively the “Notes”) issued and sold by the Company pursuant to that certain Convertible Note Purchase Agreement, dated as of March 15, 2013 (the “Note Purchase Agreement”), by and among the Company and the purchasers named therein (the “Purchasers”).
