0001193125-11-273821 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG NEOPHOTONICS CORPORATION, DULCIMER ACQUISITION CORP., SANTUR CORPORATION and SHAREHOLDER REPRESENTATIVE SERVICES LLC, AS STOCKHOLDER REPRESENTATIVE September 29, 2011
Agreement and Plan of Merger • October 18th, 2011 • Neophotonics Corp • Semiconductors & related devices • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of September 29, 2011, by and among NeoPhotonics Corporation, a Delaware corporation (“Parent”), Dulcimer Acquisition Corp., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), Santur Corporation, a Delaware corporation (the “Company”) and Shareholder Representative Services LLC, a Colorado limited liability company, solely in its capacity as the Stockholder Representative. Parent, Merger Sub, the Company and the Stockholder Representative are sometimes referred to herein as a “Party,” and collectively as the “Parties.” Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in Section 1.

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