0001193125-09-165576 Sample Contracts

AGREEMENT AND PLAN OF MERGER AMONG ANESIVA, INC., ARCA ACQUISITION CORPORATION AND ARCION THERAPEUTICS, INC. AND WITH RESPECT TO ARTICLES V AND IX ONLY THE STOCKHOLDERS NAMED HEREIN August 4, 2009

Agreement and Plan of Merger • August 5th, 2009 • Anesiva, Inc. • Pharmaceutical preparations • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  August 5th, 2009
• Company
  Anesiva, Inc.
• Industry
  Pharmaceutical preparations
• Jurisdiction
  Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of August 4, 2009 (the “Agreement Date”) by and among Anesiva, Inc., a Delaware corporation (“Parent”), Arca Acquisition Corporation, a Delaware corporation and wholly-owned subsidiary of Parent (“Merger Sub”), Arcion Therapeutics, Inc., a Delaware corporation (the “Company”) and, with respect to Articles V and IX only, each of the stockholders of the Company listed on Schedule I attached hereto (the “Company Stockholders”).