AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • October 12th, 2004 • Arthrocare Corp • Electromedical & electrotherapeutic apparatus • California
THIS AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER, dated as of October 6, 2004 (this “Amendment”), is made by and among ArthroCare Corporation, a Delaware corporation (“Parent”), OC Merger Sub Corporation, a California corporation and a wholly owned subsidiary of Parent (“Merger Sub I”), OC Acquisition Sub LLC, a California limited liability company (“Merger Sub II”), Opus Medical, Inc., a California corporation (the “Company”), and James W. Hart and Steven L. Gex, as the Shareholders’ Agents (each, a “Shareholders’ Agent” and, together, the “Shareholders’ Agents”). Capitalized terms not otherwise defined herein shall have the same meanings ascribed to them in the Merger Agreement (as defined below).
