0000950123-11-089014 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG NUANCE COMMUNICATIONS, INC. SONIC ACQUISITION CORPORATION SWYPE, INC. AND SHAREHOLDER REPRESENTATIVE Dated as of October 6, 2011

Merger Agreement • October 7th, 2011 • Nuance Communications, Inc. • Services-prepackaged software • Delaware

• Contract Type
  Merger Agreement
• Filed
  October 7th, 2011
• Company
  Nuance Communications, Inc.
• Industry
  Services-prepackaged software
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER (the “Agreement”) is made and entered into as of October 6, 2011 by and among Nuance Communications, Inc., a Delaware corporation (“Parent”), Sonic Acquisition Corporation, a Washington corporation and a wholly owned subsidiary of Parent (“Sub”), Swype, Inc., a Washington corporation (the “Company”), and Adrian Smith, who will serve as the representative of the Company’s shareholders and optionholders, and is referred to herein from time to time as the “Shareholder Representative.”