0001558370-23-014935 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among HARMONY BIOSCIENCES HOLDINGS, INC.,

Agreement and Plan of Merger • August 14th, 2023 • Harmony Biosciences Holdings, Inc. • Pharmaceutical preparations • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  August 14th, 2023
• Company
  Harmony Biosciences Holdings, Inc.
• Industry
  Pharmaceutical preparations
• Jurisdiction
  Delaware

This Agreement and Plan of Merger (this “Agreement”) is made and entered into as of August 14, 2023, by and among: Harmony Biosciences Holdings, Inc., a Delaware corporation (“Parent”); Xylophone Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”); and Zynerba Pharmaceuticals, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Section 1.1.

TENDER AND SUPPORT AGREEMENT

Tender and Support Agreement • August 14th, 2023 • Harmony Biosciences Holdings, Inc. • Pharmaceutical preparations • Delaware

• Contract Type
  Tender and Support Agreement
• Filed
  August 14th, 2023
• Company
  Harmony Biosciences Holdings, Inc.
• Industry
  Pharmaceutical preparations
• Jurisdiction
  Delaware

This Tender and Support Agreement (this “Agreement”) is entered into as of August 14, 2023, by and among Harmony Biosciences Holdings, Inc., a Delaware corporation (“Parent”), Xylophone Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and [●] (“Stockholder”).