0000950134-05-018921 Sample Contracts

Agreement and Plan of Merger Among Covad Communications Group, Inc., Windtalker Acquisition Corp., NextWeb, Inc. and Ghia Griarte, as Representative
Agreement and Plan of Merger • October 7th, 2005 • Covad Communications Group Inc • Telephone communications (no radiotelephone) • California

This Agreement and Plan of Merger (this “Agreement”) is made and entered into as of October 4, 2005 (the “Agreement Date”) by and among Covad Communications Group, Inc., a Delaware corporation (“Acquiror”), Windtalker Acquisition Corp., a California corporation and a wholly-owned subsidiary of Acquiror (“Merger Sub”), NextWeb, Inc., a California corporation (the “Company”), and Ghia Griarte, as Representative (the “Representative”).

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