0001140361-23-040302 Sample Contracts

AGREEMENT AND PLAN OF MERGER By and Among BRUKER CORPORATION, BIRD MERGERSUB CORPORATION and PHENOMEX INC. Dated as of August 17, 2023

Agreement and Plan of Merger • August 17th, 2023 • PhenomeX Inc. • Laboratory analytical instruments • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  August 17th, 2023
• Company
  PhenomeX Inc.
• Industry
  Laboratory analytical instruments
• Jurisdiction
  Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of August 17, 2023 (as amended, modified or restated, this “Agreement”), is by and among Bruker Corporation, a Delaware corporation (“Parent”), Bird Mergersub Corporation, a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and PhenomeX Inc., a Delaware corporation (the “Company”).

TENDER AND SUPPORT AGREEMENT

Tender and Support Agreement • August 17th, 2023 • PhenomeX Inc. • Laboratory analytical instruments • Delaware

• Contract Type
  Tender and Support Agreement
• Filed
  August 17th, 2023
• Company
  PhenomeX Inc.
• Industry
  Laboratory analytical instruments
• Jurisdiction
  Delaware

This Tender and Support Agreement (this “Agreement”), dated as of August 17, 2023, is by and among Bruker Corporation, a Delaware corporation (“Parent”), Bird Mergersub Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), PhenomeX Inc., a Delaware corporation (the “Company”), and Igor Y. Khandros and Susan Bloch (collectively, the “Stockholder”).