AGREEMENT AND PLAN OF REORGANIZATION BY AND AMONG FORBES MEDI-TECH, INC. FORBES MEDI-TECH (RESEARCH) INC. THERAPEI PHARMACEUTICALS, INC. AND WITH RESPECT TO ARTICLES III, V AND VI ONLY JOHN J. NESTOR, JR. AS STOCKHOLDER REPRESENTATIVE DATED AS OF...Agreement and Plan of Reorganization by And • October 30th, 2006 • Forbes Medi Tech Inc • Pharmaceutical preparations • Delaware
THIS AGREEMENT AND PLAN OF REORGANIZATION (this “Agreement”) is made and entered into as of October 24, 2006 by and among FORBES MEDI-TECH, INC., a Canadian corporation (“Parent”), FORBES MEDI-TECH (RESEARCH) INC., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), THERAPEI PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), and with respect to Articles III, V and VI hereof, JOHN J. NESTOR, JR. on behalf of himself and as Stockholder Representative (“Nestor”).
