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

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

• Contract Type
  Agreement and Plan of Merger
• 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.