AMENDMENT NO. 1 TO THE AGREEMENT AND PLAN OF MERGER AND WAIVERAgreement and Plan of Merger • April 27th, 2004 • Cytyc Corp • Laboratory analytical instruments
This Amendment No. 1 to the Agreement and Plan of Merger and Waiver (this “Amendment”), is made and entered into as of March 22, 2004, 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) David Clapper and Edward Unkart, acting jointly as the Shareholder Representative referred to in the Agreement and Plan of Merger, dated March 1, 2004, by and among the Parent, Merger Sub, the Company and the Shareholder Representative named therein (the “Merger Agreement”). Capitalized terms used herein without definition shall have the respective meanings set forth in the Merger Agreement.
