AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among NANOGEN, INC. EMPIRE ACQUISITION CORP. and EPOCH BIOSCIENCES, INC. Dated as of September 7, 2004Agreement and Plan of Merger and Reorganization • September 8th, 2004 • Epoch Biosciences Inc • In vitro & in vivo diagnostic substances • Delaware
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION, dated as of September 7, 2004 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), among NANOGEN, INC., a Delaware corporation (“Parent”), EPOCH BIOSCIENCES, INC., a Delaware corporation (“Company”), and EMPIRE ACQUISITION CORP., a Delaware corporation and a direct wholly owned Subsidiary of Parent (“Merger Sub”):
