AGREEMENT AND PLAN OF MERGER AMONG UNITED STATES SURGICAL CORPORATION COVIDIEN DELAWARE CORP. AND POWER MEDICAL INTERVENTIONS, INC. Dated as of July 28, 2009Merger Agreement • August 7th, 2009 • Covidien PLC • Surgical & medical instruments & apparatus • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of July 28, 2009 is among United States Surgical Corporation (“Parent”), a Delaware corporation and wholly-owned, indirect subsidiary of Covidien plc, an Irish company, Covidien Delaware Corp. (“Sub”), a newly-formed Delaware corporation and a direct or indirect wholly-owned subsidiary of Parent, and Power Medical Interventions, Inc. (the “Company”), a Delaware corporation.
JOINT FILING AGREEMENTJoint Filing Agreement • August 7th, 2009 • Covidien PLC • Surgical & medical instruments & apparatus
In accordance with Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended, the undersigned hereby agree that this Statement on Schedule 13D relating to the beneficial ownership of Common Stock, $0.001 par value per share, of Power Medical Interventions, Inc. is being filed with the Securities and Exchange Commission on behalf of each of them. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
