SECOND AMENDMENT TO THE AGREEMENT AND PLAN OF MERGER BETWEEN LUMINEX CORPORATION, COMMODORE ACQUISITION, INC. AND NANOSPHERE, INC.The Agreement and Plan of Merger • June 2nd, 2016 • Nanosphere Inc • Surgical & medical instruments & apparatus
This Second Amendment to the Agreement and Plan of Merger (this “Second Amendment”) is entered into as of June 1, 2016, by and among Nanosphere, Inc., a Delaware corporation, Luminex Corporation, a Delaware corporation, and Commodore Acquisition, Inc., a Delaware corporation and a wholly-owned Subsidiary of Luminex Corporation. All capitalized terms used but not defined herein shall have the meaning assigned to them in that certain Agreement and Plan of Merger, dated May 15, 2016, as amended by that certain First Amendment to the Agreement and Plan of Merger, dated May 22, 2016, by and between the parties hereto (the “Merger Agreement”).
