0000891618-06-000324 Sample Contracts

AGREEMENT AND PLAN OF REORGANIZATION BY AND AMONG BROCADE COMMUNICATIONS SYSTEMS, INC., WORLDCUP MERGER CORPORATION AND MCDATA CORPORATION Dated as of August 7, 2006
Agreement and Plan of Reorganization • August 8th, 2006 • Brocade Communications Systems Inc • Computer communications equipment • Delaware

This AGREEMENT AND PLAN OF REORGANIZATION (this “Agreement”) is made and entered into as of August 7, 2006, by and among Brocade Communications Systems, Inc., a Delaware corporation (“Parent”), Worldcup Merger Corporation, a Delaware corporation and direct wholly-owned subsidiary of Parent (“Merger Sub”), and McDATA Corporation, a Delaware corporation (the “Company”).

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BROCADE COMMUNICATIONS SYSTEMS, INC. AMENDMENT NO. 1 TO PREFERRED STOCK RIGHTS AGREEMENT
Preferred Stock Rights Agreement • August 8th, 2006 • Brocade Communications Systems Inc • Computer communications equipment • Delaware

This Amendment No. 1 to Preferred Stock Rights Agreement (this “Amendment”) is made as of August 7, 2006 between Brocade Communications Systems, Inc., a Delaware corporation (the “Company”), and Wells Fargo Bank, N.A. (the “Rights Agent”).

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