AGREEMENT AND PLAN OF MERGER by and among INTERCONTINENTALEXCHANGE, INC., COLUMBIA MERGER CORPORATION, CREDITEX GROUP INC., and TA ASSOCIATES, INC., as the Stockholders’ Representative (for the limited purposes described herein) June 3, 2008Agreement and Plan of Merger • August 4th, 2008 • Intercontinentalexchange Inc • Security & commodity brokers, dealers, exchanges & services • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of June 3, 2008, is by and among IntercontinentalExchange, Inc., a Delaware corporation (“Buyer”), Columbia Merger Corporation, a Delaware corporation (“MergerCo”), Creditex Group Inc., a Delaware corporation (the “Company”), and TA Associates, Inc., solely in the capacity of Stockholders’ Representative and only for the express purposes provided for herein and for no other purpose (the “Stockholders’ Representative”). An index of defined terms used in this Agreement is attached as Annex A hereto.
