AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • March 5th, 2004 • Cytyc Corp • Laboratory analytical instruments • California
This Agreement and Plan of Merger (this “Agreement”) is made and entered into as of March 1, 2004 (the “Agreement Date”), by and among (i) Cytyc Corporation, a Delaware corporation (the “Parent”), (ii) Radio Acquisition Corp., a California corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), (iii) Novacept, a California corporation (the “Company”), and (iv) for the limited purposes of agreeing to perform the duties specified in Section 2.5, David Clapper and Edward Unkart, acting jointly as the Shareholder Representative referred to herein. Capitalized terms used herein without definition shall have the respective meanings set forth in Section 10.2 hereof.
