0001144204-09-039122 Sample Contracts

FIRST AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER by and among NEAH POWER SYSTEMS, INC., NEAH POWER ACQUISITION CORP., SOLCOOL ONE, LLC, AND MARK WALSH Dated as of July 27, 2009

Agreement and Plan of Merger • July 28th, 2009 • Neah Power Systems, Inc. • Miscellaneous electrical machinery, equipment & supplies • Washington

• Contract Type
  Agreement and Plan of Merger
• Filed
  July 28th, 2009
• Company
  Neah Power Systems, Inc.
• Industry
  Miscellaneous electrical machinery, equipment & supplies
• Jurisdiction
  Washington

THIS FIRST AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of July 27, 2009 (the “Closing Date”), is made by and among Neah Power Systems, Inc., a Nevada corporation (“Buyer”), Neah Power Acquisition Corp., a Nevada corporation, a direct and wholly owned subsidiary of Buyer (“Buyer Sub”), SolCool One, LLC, a California limited liability company (the “Company”), and Mark Walsh (“Walsh”), Manager and founder of the Company, and a resident of the State of California.