MERGER AGREEMENT among ENDOSCOPIC TECHNOLOGIES, INC., ATRICURE, INC., NINERS MERGER SUB, LLC and FORTIS ADVISORS LLC, AS REPRESENTATIVE dated as of December 19, 2013Merger Agreement • December 19th, 2013 • AtriCure, Inc. • Surgical & medical instruments & apparatus • Delaware
This Merger Agreement (this “Agreement”), dated as of December 19, 2013 (the “Agreement Date”), is entered into among ENDOSCOPIC TECHNOLOGIES, INC., a Delaware corporation (“Company”), ATRICURE, INC., a Delaware corporation (“Parent”), NINERS MERGER SUB, LLC, a Delaware limited liability company and wholly-owned Subsidiary of Parent (“Merger Sub”) and, solely in its capacity as representative of the Stockholders, Fortis Advisors LLC, a Delaware limited liability company (the “Representative”). Capitalized terms used herein (including in the immediately preceding sentence) and not otherwise defined herein shall have the meanings set forth in Article 9 hereof.
