0001193125-10-000087 Sample Contracts

AGREEMENT AND PLAN OF MERGER among MERZ GMBH & CO. KGAA, VINE ACQUISITION CORP. and BIOFORM MEDICAL, INC. Dated as of December 31, 2009
Agreement and Plan of Merger • January 4th, 2010 • Bioform Medical Inc • Surgical & medical instruments & apparatus • Delaware

AGREEMENT AND PLAN OF MERGER, dated as of December 31, 2009 (this “Agreement”), among MERZ GMBH & CO. KGAA, an entity formed under the laws of the Republic of Germany (“Parent”), VINE ACQUISITION CORP., a Delaware corporation and an indirect wholly-owned Subsidiary of Parent (“Purchaser”), and BIOFORM MEDICAL, INC., a Delaware corporation (the “Company”).

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