0000950135-08-000319 Sample Contracts

Agreement and Plan of Merger by and among Art Technology Group, Inc., Einstein Acquisition Corp., eShopperTools.com, Inc., Scott Anderson, as Stockholder Representative, and the Principal Stockholders Identified on Schedule I
Merger Agreement • January 25th, 2008 • Art Technology Group Inc • Services-prepackaged software • Massachusetts

This Agreement and Plan of Merger (this “Agreement”) is made and entered into as of January 19, 2008, among Art Technology Group, Inc., a Delaware corporation (“Parent”), Einstein Acquisition Corp., an Oregon corporation and a wholly owned subsidiary of Parent (“Merger Sub”), eShopperTools.com, Inc., an Oregon corporation (the “Company”), Scott Anderson, as the representative of the company stockholders (together with his replacement, the “Stockholder Representative”), and the company stockholders listed on Schedule I hereto (the “Principal Stockholders”).

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