EMPLOYMENT AGREEMENTEmployment Agreement • April 27th, 2007 • Arkona Inc • Services-computer integrated systems design • New York
This Employment Agreement (the “Agreement”) is entered into as of this 26th day of April, 2007 (the “Effective Date”) by and among Richard Holland (“Employee”), Arkona, Inc. (“Employer”) and DA Acquisition Corp., a Delaware corporation (“MergerSub”), a subsidiary of DealerTrack Holdings, Inc., a Delaware corporation (“Parent”). This Agreement shall become effective on the date (the “Effective Date”) that the merger of MergerSub with and into Employer becomes effective pursuant to the terms of the Agreement and Plan of Merger by and among the Parent, MergerSub and Employer dated as of April 26, 2007 (including exhibits attached thereto, the “Merger Agreement”) and shall be of no force or effect if the Merger Agreement is terminated in accordance with its terms.
AMENDMENT TO WARRANT AGREEMENTWarrant Agreement • April 27th, 2007 • Arkona Inc • Services-computer integrated systems design
THIS AMENDMENT TO WARRANT AGREEMENT (this “Amendment”) to the Warrant identified below by and between Arkona, Inc., a Delaware corporation (the “Company”), and the undersigned (the “Holder”) is made as of April 26, 2007. Capitalized terms used but not defined herein have the meaning set forth in the Warrant. In consideration of the mutual promises and covenants set forth herein and in the Warrant and other good and valuable consideration, the receipt of which is hereby acknowledged by the parties, the parties hereto agree as follows:
AGREEMENT AND PLAN OF MERGER by and among ARKONA, INC., DEALERTRACK HOLDINGS, INC., and DA ACQUISITION CORP. Dated as of April 26, 2007Agreement and Plan of Merger • April 27th, 2007 • Arkona Inc • Services-computer integrated systems design • Delaware
THIS AGREEMENT AND PLAN OF MERGER, dated as of April 26, 2007 (this “Agreement”), is made and entered into by and among Arkona, Inc., a Delaware corporation (the “Company”), DealerTrack Holdings, Inc., a Delaware corporation (“Parent”), and DA Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“MergerSub”, and together with Parent, the “Buyer Parties”).
AMENDMENT TO WARRANT AGREEMENTWarrant Agreement • April 27th, 2007 • Arkona Inc • Services-computer integrated systems design
THIS AMENDMENT TO WARRANT AGREEMENT (this “Amendment”) to the Warrants identified below by and between Arkona, Inc., a Delaware corporation (the “Company”), and the undersigned (the “Holder”) is made as of April 26, 2007. Capitalized terms used but not defined herein have the meaning set forth in the Warrants. In consideration of the mutual promises and covenants set forth herein and in the Warrants and other good and valuable consideration, the receipt of which is hereby acknowledged by the parties, the parties hereto agree as follows:
