AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among: CORAUTUS GENETICS INC., a Delaware corporation; RESURGENS MERGER CORP., a Delaware corporation; and VIA PHARMACEUTICALS, INC., a Delaware corporation.Voting Agreement • February 8th, 2007 • Corautus Genetics Inc • Biological products, (no disgnostic substances) • Delaware
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Agreement”) is made and entered into as of this 7th day of February, 2007 (“Execution Date”), by and among CORAUTUS GENETICS INC., a Delaware corporation (“Corautus”); RESURGENS MERGER CORP., a Delaware corporation and wholly-owned subsidiary of Corautus (“Merger Sub”); and VIA PHARMACEUTICALS, INC., a Delaware corporation (“VIA”). Certain capitalized terms used in this Agreement are defined in Exhibit A.
