AGREEMENT AND PLAN OF MERGER BY AND AMONG MOBILE 365, INC., MONACO ACQUISITION CORPORATION, SYBASE, INC., AND WITH RESPECT TO SECTION 6.16(E) AND ARTICLES VIII AND X ONLY JOHN BACKUS AS STOCKHOLDER REPRESENTATIVE Dated as of September 5, 2006Merger Agreement • September 8th, 2006 • Sybase Inc • Services-prepackaged software • California
THIS AGREEMENT AND PLAN OF MERGER (the “Agreement”) is made and entered into as of September 5, 2006 by and among Sybase, Inc., a corporation organized under the laws of Delaware (“Parent”), Monaco Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), Mobile 365, Inc., a Delaware corporation (the “Company”), and with respect to Section 6.16(e) and Article VIII and Article X only, John Backus (the “Stockholder Representative”).
