AGREEMENT AND PLAN OF MERGER BY AND AMONG COMPUWARE CORPORATION, COMPUWARE ACQUISITION CORP., DYNATRACE SOFTWARE, INC., AND THE STOCKHOLDERS’ REPRESENTATIVE Dated as of July 1, 2011Merger Agreement • July 8th, 2011 • Compuware Corp • Services-prepackaged software • Delaware
Contract Type FiledJuly 8th, 2011 Company Industry JurisdictionTHIS AGREEMENT AND PLAN OF MERGER (the “Agreement”) is made and entered into as of July 1, 2011 by and among Compuware Corporation, a Michigan corporation (“Parent”), Compuware Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), dynaTrace software, Inc., a Delaware corporation (the “Company”), and the Stockholders’ Representative designated herein. Parent, Merger Sub, the Company and the Stockholders’ Representative are collectively referred to herein as the “Parties,” and individually as a “Party.” Certain other capitalized terms used herein are defined in Section 7.1.
AGREEMENT AND PLAN OF MERGER BY AND AMONG COMPUWARE CORPORATION, COMPUWARE ACQUISITION CORP., GOMEZ, INC., AND WITH RESPECT TO SECTION 7.7, RICHARD J. BREKKA, JAIME W. ELLERTSON AND THOMAS A.F. KRUEGER, AS THE SECURITYHOLDER COMMITTEE Dated as of...Merger Agreement • October 8th, 2009 • Compuware Corp • Services-prepackaged software • Delaware
Contract Type FiledOctober 8th, 2009 Company Industry JurisdictionTHIS AGREEMENT AND PLAN OF MERGER (the “Agreement”) is made and entered into as of October 6, 2009 by and among Compuware Corporation, a Michigan corporation (“Parent”), Compuware Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), Gomez, Inc., a Delaware corporation (the “Company”), and, with respect to Section 7.7, Richard J. Brekka, Jaime W. Ellertson and Thomas A.F. Krueger, as members of the Securityholder Committee. Certain capitalized terms used herein are defined in Section 9.1.