AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER by and among COHERENT, INC., LUMENTUM HOLDINGS INC., CHEETAH ACQUISITION SUB, INC., and CHEETAH ACQUISITION SUB LLC Dated as of March 9, 2021Agreement and Plan of Merger • March 10th, 2021 • Lumentum Holdings Inc. • Communications equipment, nec • New York
This AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of March 9, 2021, is by and among Coherent, Inc., a Delaware corporation (the “Company”), Lumentum Holdings Inc., a Delaware corporation (“Parent”), Cheetah Acquisition Sub, Inc., a Delaware corporation and a direct wholly owned Subsidiary of Parent (“Merger Sub I”), and Cheetah Acquisition Sub LLC, a Delaware limited liability company and a direct wholly owned Subsidiary of Parent (“Merger Sub II” and, together with Merger Sub I, the “Merger Subs”). Parent, the Merger Subs and the Company are each sometimes referred to herein as a “Party” and, collectively, as the “Parties, and is effective as of January 18, 2021 (the “Original Agreement Date”).”
