AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • April 3rd, 2013 • Obagi Medical Products, Inc. • Pharmaceutical preparations
Contract Type FiledApril 3rd, 2013 Company IndustryThis AMENDMENT, dated as of April 3, 2013 (this “Amendment”), to the AGREEMENT AND PLAN OF MERGER, dated as of March 19, 2013 (the “Merger Agreement”), made among Valeant Pharmaceuticals International, a Delaware corporation (“Parent”), Odysseus Acquisition Corp., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), Obagi Medical Products, Inc., a Delaware corporation (the “Company”), and solely for purposes of Section 6.17 thereof, Valeant Pharmaceuticals International, Inc., a Canadian corporation (“Guarantor”), is entered into by and among Parent, Merger Sub, the Company and the Guarantor, and amends the Merger Agreement to the extent set forth herein. Capitalized terms used but not defined in this Amendment shall have the respective meanings specified in the Merger Agreement.