AMENDMENT NO. 2 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • January 15th, 2008 • UpSnap, Inc. • Services-computer processing & data preparation
The parties hereto had entered into an Agreement and Plan of Merger dated as of August 9, 2007, and amended by Amendment No. 1, dated as of October 16, 2007 (collectively, the “Agreement”), subject to which the Merger Sub is to be merged with and into the Company as a result of which the separate corporate existence of Merger Sub would cease, and the Company would continue as the surviving entity of the merger and become a wholly-owned subsidiary of Parent. The parties hereto now desire to enter into this Amendment to further modify the terms of the Agreement as more specifically set forth herein.
