0000950134-08-020478 Sample Contracts

AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER

Agreement and Plan of Merger • November 13th, 2008 • Foundry Networks Inc • Computer communications equipment • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  November 13th, 2008
• Company
  Foundry Networks Inc
• Industry
  Computer communications equipment
• Jurisdiction
  Delaware

This Amendment No. 1 to Agreement and Plan of Merger (this “Amendment”) is made and entered into as of November 7, 2008, by and among: Brocade Communications Systems, Inc., a Delaware corporation (“Parent”); Falcon Acquisition Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”); and Foundry Networks, Inc., a Delaware corporation (the “Company”).

FORM OF AMENDMENT TO VOTING AGREEMENT

Voting Agreement • November 13th, 2008 • Foundry Networks Inc • Computer communications equipment • Delaware

• Contract Type
  Voting Agreement
• Filed
  November 13th, 2008
• Company
  Foundry Networks Inc
• Industry
  Computer communications equipment
• Jurisdiction
  Delaware

This Voting Agreement Amendment (“Voting Agreement Amendment”) is entered into as of November ___, 2008, by and between Brocade Communications Systems, Inc., a Delaware corporation (“Parent”), and the undersigned stockholder (“Stockholder”) of Foundry Networks, Inc., a Delaware corporation (the “Company”).