Common Contracts

Agreement and Plan of Reorganization Among Opsware Inc., OZ1 Acquisition Corp., OZ2 Acquisition LLC, iConclude Co. and

Merger Agreement • May 2nd, 2007 • Opsware Inc • Services-prepackaged software • Delaware

• Contract Type
  Merger Agreement
• Filed
  May 2nd, 2007
• Company
  Opsware Inc
• Industry
  Services-prepackaged software
• Jurisdiction
  Delaware

This Agreement and Plan of Reorganization (this “Agreement”) is made and entered into as of March 5, 2007 (the “Agreement Date”) by and among Opsware Inc., a Delaware corporation (“Acquiror”), OZ1 Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Acquiror (“Merger Sub One”), OZ2 Acquisition LLC, a Delaware limited liability company and a wholly owned subsidiary of Acquiror (“Merger Sub Two”, and collectively with Merger Sub One, the “Merger Subs”), iConclude Co., a Delaware corporation (the “Company”), Donald Sullivan, as Representative (the “Representative”) and, for purposes of Section 6.1(f) only, each of Sachin Gupta and Jeff Gerber (the “Executives”).