0001354488-12-006386 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG PERNIX THERAPEUTICS HOLDINGS, INC., PERNIX ACQUISITION CORP. I and SOMAXON PHARMACEUTICALS, INC. Dated as of December 10, 2012

Agreement and Plan of Merger • December 12th, 2012 • Pernix Therapeutics Holdings, Inc. • Pharmaceutical preparations • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  December 12th, 2012
• Company
  Pernix Therapeutics Holdings, Inc.
• Industry
  Pharmaceutical preparations
• Jurisdiction
  Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of December 10, 2012 (this “Agreement”), by and among Pernix Therapeutics Holdings, Inc., a Maryland corporation (“Parent”), Pernix Acquisition Corp. I, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Somaxon Pharmaceuticals, Inc., a Delaware corporation (the “Company”). Hereinafter, Parent, Merger Sub and the Company shall be referred to individually as a “party” or collectively as the “parties.”