FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • July 29th, 2009 • Zila Inc • Surgical & medical instruments & apparatus • Delaware
This First Amendment to Agreement and Plan of Merger (this “Amendment”), dated as of July 28, 2009, is among TOLMAR Holding, Inc., a Delaware corporation (“Parent”), Project Z Acquisition Sub, Inc., a Delaware corporation (“Acquisition Sub”), and Zila, Inc., a Delaware corporation (“Target”). Parent, Acquisition Sub and Target sometimes are referred to collectively herein as the “Parties.” Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in that certain Agreement and Plan of Merger, dated June 25, 2009, by and among the Parties (the “Merger Agreement”).
