0001012870-03-000668 Sample Contracts

AGREEMENT AND PLAN OF MERGER dated as of September 30, 2002 among PENTASAFE SECURITY TECHNOLOGIES, INC., NETIQ CORPORATION, DURHAM ACQUISITION CORP., JOSEPH HORZEPA AS SHAREHOLDER REPRESENTATIVE AND J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION, AS...

Merger Agreement • February 14th, 2003 • Netiq Corp • Services-prepackaged software • Delaware

• Contract Type
  Merger Agreement
• Filed
  February 14th, 2003
• Company
  Netiq Corp
• Industry
  Services-prepackaged software
• Jurisdiction
  Delaware

AGREEMENT AND PLAN OF MERGER dated as of September 30, 2002, among PentaSafe Security Technologies, Inc., a Texas corporation (the “Company”), NetIQ Corporation, a Delaware corporation (“Parent”), Durham Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Subsidiary”), Joseph Horzepa as Shareholder Representative and J.P. Morgan Trust Company, National Association, as Escrow Agent.

EMPLOYMENT AGREEMENT WITH NON-COMPETITION AND NO-HIRE AGREEMENT

Employment Agreement • February 14th, 2003 • Netiq Corp • Services-prepackaged software • Texas

• Contract Type
  Employment Agreement
• Filed
  February 14th, 2003
• Company
  Netiq Corp
• Industry
  Services-prepackaged software
• Jurisdiction
  Texas

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made as of the day of , 2002 by and between NetIQ Corporation, a Delaware corporation (“NetIQ”), and the undersigned security holder and employee (“Employee”) of PentaSafe Security Technologies, Inc., a Texas corporation (the “Company”).