0001193125-04-208126 Sample Contracts

AMENDMENT NO. 1. TO THE AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • December 6th, 2004 • Visx Inc • Electromedical & electrotherapeutic apparatus • Delaware

This Amendment No. 1 (this “Amendment No. 1”), dated as of December 3, 2004, is made by and among Advanced Medical Optics, Inc., a Delaware corporation (“Parent”), Vault Merger Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and VISX, Incorporated, a Delaware corporation (the “Company”), to amend the Agreement and Plan of Merger, dated as of November 9, 2004, by and among Parent, Merger Sub and the Company (the “Merger Agreement”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Merger Agreement.

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