MERGER AGREEMENTMerger Agreement • October 5th, 2015 • AtriCure, Inc. • Surgical & medical instruments & apparatus • Delaware
This Merger Agreement (this “Agreement”), dated as of October 4, 2015 (the “Agreement Date”), is entered into among nCONTACT SURGICAL, INC., a Delaware corporation (“Company”), ATRICURE, INC., a Delaware corporation (“Parent”), PORTAL MERGER SUB, INC., a Delaware corporation and wholly-owned Subsidiary of Parent (“Merger Sub”), SECOND PORTAL MERGER SUB, LLC, a Delaware limited liability company and wholly-owned Subsidiary of Parent (“Second Merger Sub”) and, solely in its capacity as representative of the Company Equityholders, WRYP Stockholder Services, LLC, a North Carolina limited liability company (the “Representative”). Capitalized terms used herein (including in the immediately preceding sentence) and not otherwise defined herein shall have the meanings set forth in Article 9 hereof.
