AGREEMENT AND PLAN OF MERGER by and among AKORN, INC. (a Louisiana corporation), AKORN ENTERPRISES II, INC. (a Delaware corporation and wholly- owned subsidiary of Purchaser)Agreement and Plan of Merger • May 12th, 2014 • Akorn Inc • Pharmaceutical preparations • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of May 9, 2014, is by and among Akorn, Inc., a Louisiana corporation (“Purchaser”), Akorn Enterprises II, Inc., a Delaware corporation and wholly-owned subsidiary of Purchaser (“Acquisition Subsidiary”), VPI Holdings Corp., a Delaware corporation (the “Company”), and Tailwind Management LP, a Delaware limited partnership (the “Equityholder Representative”), solely in its capacity as the Equityholder Representative hereunder. Capitalized terms used herein are defined in Article XI.
