CONFIDENTIALITY AGREEMENTConfidentiality Agreement • April 2nd, 2007 • Beckman Coulter Inc • Laboratory analytical instruments • California
THIS CONFIDENTIALITY AGREEMENT (this “Agreement”) is being entered into as of May 11, 2006, between BIOSITE INCORPORATED (“Biosite”), on the one hand, and BECKMAN COULTER, INC. (together with its subsidiaries and affiliates, “Beckman Coulter”), on the other hand.
STRICTLY CONFIDENTIAL Biosite Incorporated San Diego, California 92121 Dear Mr. Blickenstaff:Beckman Coulter Inc • April 2nd, 2007 • Laboratory analytical instruments
This letter will confirm our agreement in connection with the willingness of Beckman Coulter, Inc. (“Beckman”) to proceed with further discussions regarding a potential transaction between Biosite Incorporated (the “Company”) and Beckman (a “Possible Transaction”). This letter is executed in connection with, and in reliance upon, the contemplated consideration by the respective Boards of Directors of each of the Company and Beckman of such a Possible Transaction at meetings to be conducted between Friday, March 23, 2007 and Saturday, March 24, 2007.
June 2, 2006Beckman Coulter Inc • April 2nd, 2007 • Laboratory analytical instruments
Reference is made to that certain Confidentiality Agreement entered into as of May 11, 2006 (the “Agreement”), between Biosite Incorporated (“Biosite”), on the one hand, and Beckman Coulter, Inc. (together with its subsidiaries and affiliates, “Beckman Coulter”), on the other hand. The undersigned agree as follows:
