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Document Preview Agreement and Plan of Merger |
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Title: |
Agreement and Plan of Merger |
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Date: |
2006 |
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Preview shows 2KB of 5KB total |
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Price: |
$33 |
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ID: |
#2669760 |
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AMENDMENT NO. 1 TO THE
AGREEMENT AND PLAN OF MERGER
Amendment No. 1, dated as of December 17, 2006 (this Amendment), to the Agreement and Plan of Merger, dated as of October 16, 2006 (as amended hereby, the Merger Agreement), by and among ELI LILLY AND COMPANY, an Indiana corporation (Parent), TOUR MERGER SUB, INC., a Delaware corporation and a wholly owned subsidiary of Parent (Merger Sub), and ICOS CORPORATION, a Washington corporation (the Company).
WHEREAS, Parent, Merger Sub and the Company have heretofore entered into the Merger Agreement providing, among other things, for the merger of Merger Sub with and into the Company, with the Company surviving as a wholly owned subsidiary of Parent;
WHEREAS, Parent, Merger Sub and the Company have agreed to amend certain provisions of the Merger Agreement; and
WHEREAS, the Boards of Directors of Parent and the Company each have unanimously approved such amendments to the Merger Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Parent, Merger Sub and the Company agree as follows:
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