AGREEMENT AND PLAN OF REORGANIZATION BY AND AMONG OMNITURE, INC., SAN FRANCISCO ACQUISITION CORP., OFFERMATICA CORPORATION, HENRY BAKER, AS STOCKHOLDER REPRESENTATIVE, AND US BANK NATIONAL ASSOCIATION, AS ESCROW AGENT Dated as of September 7, 2007Agreement and Plan of Reorganization • September 12th, 2007 • Omniture, Inc. • Services-prepackaged software • Delaware
THIS AGREEMENT AND PLAN OF REORGANIZATION (the “Agreement”) is made and entered into as of September 7, 2007 by and among Omniture, Inc., a Delaware corporation (“Parent”), San Francisco Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), Offermatica Corporation, a Delaware corporation (the “Company”), only as to Section 2.9, Section 2.10, Article VIII and Article X, Henry Baker, as stockholder representative (the “Stockholder Representative”), and, only as to Article VIII and Article X, US Bank National Association, as Escrow Agent (the “Escrow Agent”). All capitalized terms that are used in this Agreement shall have the respective meanings ascribed thereto in Article I .
