Common Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG RED HAT, INC., SALTA ACQUISITION CORPORATION, MANAGEIQ, INC. AND SHAREHOLDER REPRESENTATIVE SERVICES LLC, AS THE HOLDER AGENT Dated as of December 19, 2012

Merger Agreement • April 25th, 2013 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware

• Contract Type
  Merger Agreement
• Filed
  April 25th, 2013
• Company
  Red Hat Inc
• Industry
  Services-computer programming, data processing, etc.
• Jurisdiction
  Delaware

This Agreement and Plan of Merger (this “Agreement”), is entered into as of December 19, 2012, by and among Red Hat, Inc., a Delaware corporation (the “Buyer”), Salta Acquisition Corporation, a Delaware corporation and a wholly owned subsidiary of the Buyer (the “Merger Sub”), ManageIQ, Inc. a Delaware corporation (the “Company”) and Shareholder Representative Services LLC, a Colorado limited liability company, solely in its capacity as the holder agent (the “Holder Agent”). Capitalized terms that are used in this Agreement but not otherwise defined in this Agreement shall have the respective meanings ascribed to them in Article VIII.