CONFIDENTIALITY AGREEMENTConfidentiality Agreement • May 2nd, 2007 • Biosite Inc • In vitro & in vivo diagnostic substances • 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:Biosite Inc • May 2nd, 2007 • In vitro & in vivo diagnostic substances
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 completed 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.
