0001341004-08-002080 Sample Contracts

AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • September 10th, 2008 • Applied Biosystems Inc. • Laboratory analytical instruments • Delaware

THIS AMENDMENT NO. 1 (this "Amendment") to the Agreement and Plan of Merger, dated as of June 11, 2008 (the "Merger Agreement"), by and among Invitrogen Corporation, a Delaware corporation ("Parent"), Atom Acquisition, LLC, a Delaware limited liability company and a direct wholly owned subsidiary of Parent ("Merger Sub"), and Applied Biosystems Inc. (formerly known as Applera Corporation), a Delaware corporation (the "Company"), is made and entered into by Parent, Merger Sub and the Company as of the 9th day of September, 2008.

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