AGREEMENT AND PLAN OF Merger BY AND AMONG FULGENT GENETICS, INC., FG MERGER SUB, inc., FULGENT PHARMA HOLDINGS, INC., AND THE STOCKHOLDERS SET FORTH HEREIN NOVEMBER 7, 2022Agreement and Plan of Merger • November 7th, 2022 • Fulgent Genetics, Inc. • Services-medical laboratories • Delaware
This Agreement And Plan Of Merger (this “Agreement”) is made and entered into as of November 7, 2022 (the “Agreement Date”), by and among Fulgent Genetics, Inc., a Delaware corporation(“Parent”); FG Merger Sub, Inc., a Delaware corporation and a direct wholly owned Subsidiary of Parent (“Merger Sub”); Fulgent Pharma Holdings, Inc., a Delaware corporation (the “Company”); and, solely for purposes of Section 2.4, Section 5.5, Article VI, Section 7.8 and Section 7.14, the stockholders listed on the signature pages hereto (collectively, the “Company Stockholders”). Capitalized terms used but not otherwise defined in this Agreement shall have the respective meanings ascribed to them in Annex A.
