0001012870-03-000763 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG BEA SYSTEMS, INC., CARDINAL ACQUISITION CORP., CROSSLOGIX, INC., KENNETH SCHROEDER, AND MARK MORICONI JANUARY 28, 2003

Merger Agreement • February 14th, 2003 • Bea Systems Inc • Services-prepackaged software • California

• Contract Type
  Merger Agreement
• Filed
  February 14th, 2003
• Company
  Bea Systems Inc
• Industry
  Services-prepackaged software
• Jurisdiction
  California

This AGREEMENT AND PLAN OF MERGER is made and entered into as of January 28, 2003 (the “Agreement”), by and among BEA Systems, Inc. (“Acquiror”), a Delaware corporation, Cardinal Acquisition Corp. (“Merger Sub”), a Delaware corporation and wholly-owned subsidiary of Acquiror, CrossLogix, Inc. (the “Company”), a California corporation, and Kenneth Schroeder and Mark Moriconi (each a “Principal Shareholder,” and collectively the “Principal Shareholders”). Certain capitalized terms used in this Agreement are defined in Exhibit A hereto.