0000950130-10-002069 Sample Contracts

AGREEMENT AND PLAN OF MERGER By and Among FUSEPOINT INC., SAVVIS INC., BLUE JAY MERGER SUB INC. AND M/C VENTURE PARTNERS V, L.P., AS STOCKHOLDERS’ REPRESENTATIVE May 28, 2010

Merger Agreement • June 1st, 2010 • SAVVIS, Inc. • Services-business services, nec • Delaware

• Contract Type
  Merger Agreement
• Filed
  June 1st, 2010
• Company
  SAVVIS, Inc.
• Industry
  Services-business services, nec
• Jurisdiction
  Delaware

AGREEMENT AND PLAN OF MERGER dated as of May 28, 2010 by and SAVVIS Inc. (“Buyer”), a Delaware corporation, Blue Jay Merger Sub Inc., a Delaware corporation wholly-owned by Buyer (“Merger Sub”), Fusepoint Inc., a Delaware corporation (“Company”), and M/C Venture Partners V, L.P., (the “Stockholders’ Representative”).

CONSENT AND AMENDMENT NO. 7 TO AMENDED AND RESTATED CREDIT AGREEMENT

Credit Agreement • June 1st, 2010 • SAVVIS, Inc. • Services-business services, nec

• Contract Type
  Credit Agreement
• Filed
  June 1st, 2010
• Company
  SAVVIS, Inc.
• Industry
  Services-business services, nec

This CONSENT AND AMENDMENT NO. 7 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is entered into as of May 28, 2010 by and among SAVVIS Communications Corporation, a Missouri corporation (“Borrower”), SAVVIS, Inc., a Delaware corporation (“Holdings”), Wells Fargo Capital Finance, LLC, as a Lender and as Agent for all Lenders (“Agent”) and the other Lenders party to the Credit Agreement (as hereinafter defined).