0001274494-09-000011 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG FIRST SOLAR, INC., FIRST SOLAR ACQUISITION CORP., OPTISOLAR INC. AND OPTISOLAR HOLDINGS LLC MARCH 2, 2009

Merger Agreement • May 1st, 2009 • First Solar, Inc. • Semiconductors & related devices • New York

• Contract Type
  Merger Agreement
• Filed
  May 1st, 2009
• Company
  First Solar, Inc.
• Industry
  Semiconductors & related devices
• Jurisdiction
  New York

This AGREEMENT AND PLAN OF MERGER, dated as of March 2, 2009 (this “Agreement”), is by and among First Solar, Inc., a Delaware corporation (“Parent”), First Solar Acquisition Corp., a Delaware corporation and a direct wholly-owned subsidiary of Parent (“Merger Sub”), OptiSolar Inc., a Delaware corporation (the “Company”), and OptiSolar Holdings, LLC, a Delaware limited liability company and a direct wholly-owned subsidiary of the Company (“Hold Co”).1