AGREEMENT AND PLAN OF MERGER dated as of January 21, 2014 by and among VMware, Inc., as Parent Aikman Acquisition Corp., as Merger Sub and the RepresentativeMerger Agreement • February 24th, 2014 • Emc Corp • Computer storage devices • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of January 21, 2014 (this “Agreement”), is by and among VMware, Inc., a Delaware corporation (“Parent”), A.W.S. Holding, LLC, a Delaware limited liability company (the “Company”), Aikman Acquisition Corp., a Delaware corporation and a direct wholly owned subsidiary of Parent (“Merger Sub”), and with respect to Section 1.7, Section 4.4, Section 4.15, Article 7 and Article 8 only, the Representative. Certain capitalized terms used herein have the meanings assigned to them in Section 1.4(c)(iii), Section 1.6(d)(iii) or Section 8.1.
AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • February 24th, 2014 • Emc Corp • Computer storage devices
This Amendment No. 1 to Agreement and Plan of Merger (this “Amendment”) is made and entered into as of February 24, 2014 by and among VMware, Inc., a Delaware corporation (“Parent”), Aikman Acquisition Corp., a Delaware corporation (“Merger Sub”), A.W.S. Holding, LLC, a Delaware limited liability company (the “Company”), and David K. Dabbiere as the Representative (the “Representative”), as an amendment to the Agreement and Plan of Merger made and entered into as of January 21, 2014, by and among Parent, Merger Sub, the Company and the Representative (the “Merger Agreement”).
