AGREEMENT AND PLAN OF MERGER by and among LUMENTUM HOLDINGS INC., CRIUS MERGER SUB INC., CLOUD LIGHT OPTOELECTRONICS LIMITED, AND FORTIS ADVISORS LLC, as Securityholder Representative October 29, 2023Agreement and Plan of Merger • October 30th, 2023 • Lumentum Holdings Inc. • Communications equipment, nec • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of October 29, 2023 (the “Agreement Date”), by and among LUMENTUM HOLDINGS INC. a Delaware corporation (“Acquiror”), Crius Merger Sub Inc., a BVI business company limited by shares incorporated under the laws of the British Virgin Islands with company number 2132602 and whose registered office is located at 171 Main Street, Road Town, Tortola, British Virgin Islands, VG1110 and a direct or indirect wholly owned subsidiary of Acquiror (“Merger Sub”), CLOUD LIGHT OPTOELECTRONICS LIMITED, a BVI business company limited by shares incorporated under the laws of the British Virgin Islands with company number 2037335 and its registered office at Vistra Corporate Services Centre, Wickhams Cay II, Road Town, Tortola, VG1110, British Virgin Islands (the “Company”), and Fortis Advisors LLC, a Delaware limited liability company, solely in its capacity as the agent for and on behalf of the Securityholders under this Ag
