CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR THE REDACTED PORTIONS OF THIS EXHIBIT. THE REDACTIONS ARE INDICATED WITH “[**]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION. AGREEMENT AND PLAN OF...Agreement and Plan of Merger • March 5th, 2019 • Pacira Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of March 4, 2019, is entered into by and among Pacira Pharmaceuticals, Inc., a Delaware corporation (“Parent”), PS Merger, Inc., a Delaware corporation (“Merger Sub”), MyoScience, Inc., a Delaware corporation (the “Company”), and Fortis Advisors LLC, a Delaware limited liability company, as the securityholders’ representative (the “Securityholders’ Representative”). Parent, Merger Sub, the Company, and, except with respect to Articles VI and VII, the Securityholders’ Representative are sometimes referred to in this Agreement individually as a “Party,” and collectively as the “Parties.” Capitalized terms used herein will have the meanings ascribed to them in Exhibit A, unless such terms are defined elsewhere in this Agreement.
