0001193125-07-159348 Sample Contracts

AMENDMENT, WAIVER, CONSENT AND ASSUMPTION AGREEMENT
Consent and Assumption Agreement • July 23rd, 2007 • Foxhollow Technologies, Inc. • Surgical & medical instruments & apparatus • New York

This AMENDMENT, WAIVER, CONSENT AND ASSUMPTION AGREEMENT, dated as of July 21, 2007 (this “Agreement”), is by and among Merck & Co., Inc., a New Jersey corporation (“Merck”), FoxHollow Technologies, Inc., a Delaware corporation (“FoxHollow”), and ev3 Inc., a Delaware corporation (“ev3”).

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AGREEMENT AND PLAN OF MERGER by and among EV3 INC., FOREIGNER MERGER SUB, INC., and FOXHOLLOW TECHNOLOGIES, INC. Dated as of July 21, 2007
Agreement and Plan of Merger • July 23rd, 2007 • Foxhollow Technologies, Inc. • Surgical & medical instruments & apparatus • Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of July 21, 2007 (this “Agreement”), is by and among ev3 Inc., a Delaware corporation (“ev3”), Foreigner Merger Sub, Inc., a Delaware corporation and a direct wholly owned subsidiary of ev3 (“Merger Co.”), and FoxHollow Technologies, Inc., a Delaware corporation (“FoxHollow”).

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