NON-DISCLOSURE AGREEMENTNon-Disclosure Agreement • September 4th, 2007 • Acer Inc • Electronic computers • New York
Contract Type FiledSeptember 4th, 2007 Company Industry JurisdictionThis Non-Disclosure Agreement is made as of the 3rd day of August, 2007, between Acer Inc., together with its subsidiaries and Affiliates, (collectively, “Company”), and Gateway, Inc., a Delaware corporation acting on behalf of itself and its Affiliates, whose address is 7565 Irvine Center Drive, Irvine, CA 92618-2930 (collectively, “Gateway”).
AGREEMENT AND PLAN OF MERGER by and among: Acer Inc., a company organized under the laws of the Republic of China; Galaxy Acquisition Corp., a Delaware corporation; and Gateway, Inc., a Delaware corporation Dated as of August 27, 2007Merger Agreement • September 4th, 2007 • Acer Inc • Electronic computers • Delaware
Contract Type FiledSeptember 4th, 2007 Company Industry JurisdictionThis Agreement and Plan of Merger is made and entered into as of August 27, 2007, by and among: Acer Inc., a company organized under the laws of the Republic of China (“Parent”); Galaxy Acquisition Corp., a Delaware corporation and a direct or indirect wholly owned subsidiary of Parent (“Acquisition Sub”); and Gateway, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Exhibit A.
Tender and Support AgreementTender and Support Agreement • September 4th, 2007 • Acer Inc • Electronic computers • Delaware
Contract Type FiledSeptember 4th, 2007 Company Industry JurisdictionTENDER AND SUPPORT AGREEMENT (this “Agreement”) dated as of August 27, 2007 among Acer Inc., a company organized under the laws of the Republic of China (“Parent”), Galaxy Acquisition Corp., a Delaware corporation and a direct or indirect wholly owned subsidiary of Parent (“Acquisition Sub”), and the Person listed on Annex I (the “Stockholder”), an owner of shares of common stock of Gateway, Inc., a Delaware corporation (the “Company”).