SETTLEMENT AND AMENDMENT TO MERGER AGREEMENTSettlement and Amendment to Merger Agreement • March 2nd, 2015 • Medicines Co /De • Pharmaceutical preparations
This Settlement and Amendment to Merger Agreement (this “Agreement”), dated as of December 8, 2014 is made by and between THE MEDICINES COMPANY, a Delaware corporation (the “Buyer”) and FORTIS ADVISORS LLC, a Delaware limited liability company, solely in its capacity as the Representative (the “Representative”) of the Company Equityholders of Incline Therapeutics, Inc., a Delaware corporation (the “Company”) pursuant to the terms of that certain Agreement and Plan of Merger dated December 11, 2012 (the “Merger Agreement”) by and among the Buyer, the Company, the Representative and Silver Surfer Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of the Buyer. Capitalized terms used herein and not defined herein shall have the meaning given to them in the Merger Agreement.
