0000950128-04-001224 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG SERVICEWARE TECHNOLOGIES, INC., SVCW ACQUISITION, INC. AND KANISA INC.
Merger Agreement • December 29th, 2004 • Serviceware Technologies Inc/ Pa • Services-prepackaged software • Delaware

This Agreement and Plan of Merger (this “Agreement”) is made and entered into as of December 22, 2004, among ServiceWare Technologies, Inc., a Delaware corporation (“Parent”), SVCW Acquisition, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Kanisa Inc., a Delaware corporation (the “Company”).

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VOTING AGREEMENT
Voting Agreement • December 29th, 2004 • Serviceware Technologies Inc/ Pa • Services-prepackaged software • Delaware

This Voting Agreement (this “Agreement”) is made and entered into as of December 22, 2004, between ServiceWare Technologies, Inc., a Delaware corporation (“Parent”), Kanisa Inc., a Delaware corporation (the “Company”) and certain stockholders of Parent and the Company (each, a “Stockholder” and together, the “Stockholders”).

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