FIRST AMENDMENT TO THE AGREEMENT AND PLAN OF MERGER BETWEEN LUMINEX CORPORATION, COMMODORE ACQUISITION, INC. ANDThe Agreement and Plan of Merger • May 23rd, 2016 • Nanosphere Inc • Surgical & medical instruments & apparatus
This First Amendment to the Agreement and Plan of Merger (this “First Amendment”) is entered into as of May 22, 2016, by and among Nanosphere, Inc., a Delaware corporation, Luminex Corporation, a Delaware corporation, and Commodore Acquisition, Inc., a Delaware corporation and a wholly-owned Subsidiary of Luminex Corporation. All capitalized terms used but not defined herein shall have the meaning assigned to them in that certain Agreement and Plan of Merger, dated May 15, 2016, by and between the parties hereto (the “Merger Agreement”).
