AGREEMENT AND PLAN OF MERGER by and among NINESTAR HOLDINGS COMPANY LIMITED, NINESTAR GROUP COMPANY LIMITED, NINESTAR LEXMARK COMPANY LIMITED, LEXMARK INTERNATIONAL, INC. and APEX TECHNOLOGY CO., LTD. (solely for purposes of Article 4, Section 5.12,...Agreement and Plan of Merger • April 20th, 2016 • Lexmark International Inc /Ky/ • Computer & office equipment • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of April 19, 2016 (this “Agreement”), is made by and among Ninestar Holdings Company Limited, a Cayman Islands exempted limited liability company (“Holdings”), Ninestar Group Company Limited, a Cayman Islands exempted limited liability company and a wholly owned subsidiary of Holdings (“Parent”), Ninestar Lexmark Company Limited, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), Lexmark International, Inc., a Delaware corporation (the “Company”), and, solely for purposes of Article 4, Section 5.12, Section 5.16, Section 7.2 and Article 8, Apex Technology Co., Ltd., a company organized under the laws of PRC and listed on the Shenzhen Stock Exchange (“Apex”). Capitalized terms used in this Agreement shall have the meanings assigned to such terms in Section 8.5, Section 8.6 or as otherwise defined elsewhere in this Agreement unless the context clearly indicates otherwise.
