AGREEMENT AND PLAN OF MERGERMerger Agreement • October 16th, 2018 • Spherix Inc • Patent owners & lessors • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”), is made and entered into as of October 10, 2018, by and among (i) SPHERIX INCORPORATED, a Delaware corporation (“Purchaser”), (ii) SPHERIX DELAWARE MERGER SUB INC., a Delaware corporation and a wholly-owned Subsidiary of Purchaser (“Merger Sub”), (iii) CBM BIOPHARMA, INC., a Delaware corporation (the “Company”) and (iv) Scott Wilfong in the capacity as the representative from and after the Effective Time (as defined below) for the stockholders of the Company as of immediately prior to the Effective Time in accordance with the terms and conditions of this Agreement (the “Stockholder Representative”).
