WAIVER OF CLOSING CONDITION UNDER MERGER AGREEMENTWaiver of Closing Condition • September 2nd, 2022 • Vivani Medical, Inc. • Electromedical & electrotherapeutic apparatus
Reference is made to that certain Agreement and Plan of Merger, dated as of February 4, 2022 (the “Agreement”), by and among Second Sight Medical Products, Inc., a California corporation (the “Company”), Nano Precision Medical, Inc., a California corporation (“NPM”), and NPM Acquisition Corp., a California corporation. Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement.
