AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among NANOGEN, INC. EMPIRE ACQUISITION CORP. and EPOCH BIOSCIENCES, INC. Dated as of September 7, 2004Agreement and Plan of Merger and Reorganization • September 8th, 2004 • Epoch Biosciences Inc • In vitro & in vivo diagnostic substances • Delaware
Contract Type FiledSeptember 8th, 2004 Company Industry JurisdictionAGREEMENT AND PLAN OF MERGER AND REORGANIZATION, dated as of September 7, 2004 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), among NANOGEN, INC., a Delaware corporation (“Parent”), EPOCH BIOSCIENCES, INC., a Delaware corporation (“Company”), and EMPIRE ACQUISITION CORP., a Delaware corporation and a direct wholly owned Subsidiary of Parent (“Merger Sub”):