AGREEMENT AND PLAN OF MERGER DATED AS OF DECEMBER 9, 2018 BY AND AMONG TIVITY HEALTH, INC. SWEET ACQUISITION, INC. AND NUTRISYSTEM, INC.Agreement and Plan of Merger • December 10th, 2018 • Tivity Health, Inc. • Services-misc health & allied services, nec • Delaware
THIS AGREEMENT AND PLAN OF MERGER, dated as of December 9, 2018 (this “Agreement”), is by and among Tivity Health, Inc., a Delaware corporation (“Parent”), Sweet Acquisition, Inc., a newly formed Delaware corporation and a direct, wholly-owned Subsidiary of Parent (“Merger Sub”), and Nutrisystem, Inc., a Delaware corporation (the “Company”). The Company, Parent and Merger Sub may be referred to herein as a “party” and collectively as the “parties.”
