AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER BY AND AMONG AFFYMETRIX, INC., EXCALIBUR ACQUISITION SUB, INC., EBIOSCIENCE HOLDING COMPANY, INC. AND THE SECURITYHOLDERS’ REPRESENTATIVE MAY 3, 2012Agreement and Plan of Merger • May 31st, 2012 • Affymetrix Inc • Laboratory analytical instruments • Delaware
This AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER is made and entered into as of May 3, 2012 (the “Agreement Date”), by and among Affymetrix, Inc., a Delaware corporation (“Acquiror”), Excalibur Acquisition Sub, Inc., a Delaware corporation and wholly owned subsidiary of Acquiror (“Sub”), eBioscience Holding Company, Inc., a Delaware corporation (the “Company”), and, solely with respect to Sections 1.17, 1.18, 1.19, 5.5, 5.9, 5.14, 7.3, Article VIII and Article IX hereof, the Securityholders’ Representative (defined herein).
